Code of Ordinances Amendment - Titles 15 & 16 Meeting Requirements Copyright 2014
City of Dubuque Public Hearings # 5.
ITEM TITLE: Code of Ordinances Amendment- Titles 15 & 16 Meeting
Requirement for Long Range Planning Advisory
Commission, Zoning Advisory Commission, and the Zoning
Board of Adjustment
SUMMARY: Proof of publication on notice of public hearing to consider
approval of a request by the City of Dubuque to change the
meeting requirement for the Long Range Planning Advisory
Commission, the Zoning Board of Adjustment and the
Zoning Advisory Commission and the Zoning Advisory
Commission recommending approval.
ORDINANCE Amending City of Dubuque Code of
Ordinances Title 15 Planning and Zoning, Chapter 2 Long
Range Planning Advisory Commission, Section 15-2-10
Meetings by Changing the Meeting Requirement
ORDINANCE Amending City of Dubuque Code of
Ordinances Title 16 Unified Development Code, Chapter 8
Zoning Board of Adjustment Applications and Procedures,
Section 16-8-1 Zoning Board of Adjustment by Changing
the Meeting Requirement
ORDINANCE Amending City of Dubuque Code of
Ordinances Title 16 Unified Development Code, Chapter 9
Zoning Advisory Commission Applications and
Procedures, Section 16-9-1 Zoning Advisory Commission
by Changing the Meeting Requirement
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
ZAC Letter Staff Memo
Meetings Application Supporting Documentation
Meetings Staff Report Supporting Documentation
Ordinance section 15-2-10 LRPAC Ordinance
Ordinance 16-8-1 ZBA Ordinance
Ordinance 16-9-1 ZAC Ordinance
Proof of Publication Supporting Documentation
Suggested Notion Supporting Documentation
Planning Services Department Dubuque
City Hall kcftd THE CITY OF
50 West 13�^Street � '+' �""�-� E
Dubuque,IA 52001-4864 ' L
(563)589-4210 phone
(563)5894221 fax mo •m z•mu Masterpiece on the Mississippi
(563)690-6678 TDD
plannin¢@cityofdubuque.org
September 12, 2016
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13th Street
DubuquelA 52001
Applicant: City of Dubuque
Description: Text Amendment—Amend the City Code to change the meeting
requirement for the Long Range Planning Advisory Commission, the
Zoning Board of Adjustment and the Zoning Advisory Commission
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited
request. The application, memorandum and related materials are attached for your
review.
Discussion
Associate Planner Kyle Kritz reviewed the staff report, noting that the current language
in the Unified Development Code basically requires the Zoning Advisory Commission,
Zoning Board of Adjustment, and Long Range Planning Advisory Commission to hold
monthly meetings, even if there are no agenda items for them to review. The proposed
language allows the chairperson or a majority of the members to call for a meeting or
cancel a meeting.
There were no public comments.
The Zoning Advisory Commission discussed the request, and decided to approve the
amendment as submitted.
Recommendation
By a vote of 5 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,
zig�zliM4-4/
Thomas Henschel, Chairperson
Zoning Advisory Commission
Attachments
Service People - Integrity Responsibility Innovation Teamwork
THE MY oP Dubuque City of Dubuque
DIBPlanning Services Department
l.J � � Dubuque,IA 52001-4805
Masterpiece on the Mississippi Phone: 563-589-4210Fax: 563-589-4221
planningftcityofdubuoue ora
PLANNING APPLICATION FORM
❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness
❑Conditional Use Permit ❑Major Final Plat ®Text 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 ink
Property owner(s): Phone:
Address: City: —State:----.Zip:—
Fax
tate: Zip:Fax#: Cell #: E-mail:
Applicant/Agent: City of Dubuque Phone: 563-589=4210
Address: 50 W. 13a' Street City: Dubuque State: IA Zip: 52001
Fax#: 563-589-4221 Cell#: E-mail: Planning aacityofdubugue.org
Site location/address: N/A Neighborhood Association: _N/A
Existing zoning: N/A Proposed zoning: N/A 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 City Code to change meeting
requirements for the Lona Range Planning Advisory Commission Zoning Board of Adiustment and Zoning Advisory
Commission.
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: d�j�! tIi
FOR OFFICE USE ONLY—APPLICATION SUBMITTAL CHECKLIST
Fee: Received by: Date: 9'25_/< .Docket:
THE MY OF Dubuque
DUB E 1�CeC 11.i
Masterpiece on the Mississippi 2007.2012•301]
TO: Zoning Advisory Commission
FROM: Kyle L. Kritz, Associate Planner?e•'?.7c-
SUBJECT: Amendment to City Code to change the meeting requirement for the
Long Range Planning Advisory Commission, the Zoning Board of
Adjustment, and the Zoning Advisory Commission
DATE: August 25, 2016
INTRODUCTION
The City Code establishes meeting requirements for the Long Range Planning Advisory
Commission, the Zoning Board of Adjustment and the Zoning Advisory Commission.
DISCUSSION
Currently, the City Code requires that the Board and the two Commissions meet on a
monthly basis. Periodically, there may not be any agenda items for the Board or
Commission to review and this change would allow the chairperson of each Board or
Commission to cancel a meeting when there are no agenda items to review.
The proposed amendment also eliminates an existing section for calling special
meetings. With the new language, it is unnecessary to have a separate procedure for
calling a special meeting as the procedure will be the same as the regular monthly
meeting.
Without the proposed amendment, the Board or Commission would need to meet
monthly regardless if there were any agenda items. The Legal Department has
reviewed the proposed amendment and has no objection to the revised wording.
RECOMMENDATION
Planning staff recommends that the Zoning Advisory Commission review the proposed
amendment and make a recommendation to the City Council.
KLK/mkr
Attachments
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 46-16
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 15 PLANNING
AND ZONING, CHAPTER 2 LONG RANGE PLANNING ADVISORY COMMISSION,
SECTION 15-2-10 MEETINGS BY CHANGING THE MEETING REQUIREMENT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 15-2-10 of the City of Dubuque Code of Ordinances is
amended to read as follows:
15-2-10: MEETINGS:
A. Meetings: Meetings may be called by the chairperson or at the written request of
a majority of the commissioners.
B. Open Meetings: All meetings must be called and held in conformance with the
Iowa open meetings law.
C. Attendance:
1. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
chairperson, such absence will be grounds for the commission to recommend to
the city council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
D. Minutes: A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after each
meeting, or by the next regularly scheduled city council meeting, whichever is later.
E. Quorum: Four (4) commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the commissioners present and voting is
necessary for the adoption of any motion or resolution.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 19th day of September, 2016.
Kevin J. Lynch, ayor Pro -Tem
Attest:
Kevin Firnstahl, ity
EFFECT OF AMENDMENT
15-2-10: MEETINGS:
A. RegulaFMeetings: The cc,^: nicc;c^ must meet monthl,Meetinps may be called
by the chairperson or at the written request of aVmaiority of the commissioners.
B6 SP Gial M88t•RgG• SpeGiai meetings mal fie Galled by Gha rpeSF -t,
GR eat
WFmtton request of a majority of then oneFs
BS. Open Meetings: All meetings must be called and held in conformance with the
Iowa open meetings law.
CB. Attendance:
1. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
chairperson, such absence will be grounds for the commission to recommend to
the city council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
D€. Minutes: A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after each
meeting, or by the next regularly scheduled city council meeting, whichever is later.
E€. Quorum: Four (4) commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the commissioners present and voting is
necessary for the adoption of any motion or resolution.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 47-16
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED
DEVELOPMENT CODE, CHAPTER 8 ZONING BOARD OF ADJUSTMENT
APPLICATIONS AND PROCEDURES, SECTION 16-8-1 ZONING BOARD OF
ADJUSTMENT BY CHANGING THE MEETING REQUIREMENT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 16-8-1 of the City of Dubuque Code of Ordinances is
amended to read as follows:
16-8-1: ZONING BOARD OF ADJUSTMENT:
J. Meetings:
1. Meetings: Meetings may be called by the chairperson or at the written
request of a majority of the members.
2. Open Meetings: All meetings must be called and held in conformance with
the Iowa open meetings law.
3. Attendance:
a. In the event a member of the board has been absent for three (3) or
more consecutive meetings of the board, without being excused by the
chairperson, such absence will be grounds for the board to recommend to
the city council that the position be declared vacant and a replacement
appointed.
b. Attendance must be entered upon the minutes of all meetings.
4. Minutes: A copy of the minutes of all regular and special meetings of the
board must be filed with the city council within ten (10) working days after each
meeting, or by the next regularly scheduled city council meeting, whichever is
later.
5. Quorum: The concurring vote of three (3) members of the board is
necessary to reverse any order, requirement, decision, or determination of any
such administrative official, or to decide in favor of the applicant on any matter
upon which it is required to pass under any such ordinance or to effect any
variation in such ordinance.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 19th day of September, 2016.
Attest:
Kevin S. Firnstahl, i
Kevin J. Lynch, M for Pro -Tern
EFFECT OF AMENDMENT
16-8-1: ZONING BOARD OF ADJUSTMENT:
J. Meetings:
1 . RegelaFMeetings: Meetings may be called by the chairperson or at the
written request of a majority of the commissionersT.he beard mast ^ eat Ao4#h!
r•
2 Special Meetings: Cnon'al meetings i be Galled by the ..h..'FpeF....... o
at the wr'tton request of a majority of them mh
23. Open Meetings: All meetings must be called and held in conformance with
the Iowa open meetings law.
34. Attendance:
a. In the event a member of the board has been absent for three (3) or
more consecutive meetings of the board, without being excused by the
chairperson, such absence will be grounds for the board to recommend to
the city council that the position be declared vacant and a replacement
appointed.
b. Attendance must be entered upon the minutes of all meetings.
46. Minutes: A copy of the minutes of all regular and special meetings of the
board must be filed with the city council within ten (10) working days after each
meeting, or by the next regularly scheduled city council meeting, whichever is
later.
56. Quorum: The concurring vote of three (3) members of the board is
necessary to reverse any order, requirement, decision, or determination of any
such administrative official, or to decide in favor of the applicant on any matter
upon which it is required to pass under any such ordinance or to effect any
variation in such ordinance.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 48-16
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED
DEVELOPMENT CODE, CHAPTER 9 ZONING ADVISORY COMMISSION
APPLICATIONS AND PROCEDURES, SECTION 16-9-1 ZONING ADVISORY
COMMISSION BY CHANGING THE MEETING REQUIREMENT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 16-9-1 of the City of Dubuque Code of Ordinances is
amended to read as follows:
16-9-1: ZONING ADVISORY COMMISSION:
J. Meetings:
1. Meetings: Meetings may be called by the chairperson or at the written
request of a majority of the commissioners.
2. Open Meetings: All meetings must be called and held in conformance with
the Iowa open meetings law.
3. Attendance:
a. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
chairperson, such absence will be grounds for the commission to
recommend to the city council that the position be declared vacant and a
replacement appointed.
b. Attendance must be entered upon the minutes of all meetings.
4. Minutes: A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after
each meeting, or by the next regularly scheduled city council meeting, whichever
is later.
5. Quorum: Four (4) commissioners constitute a quorum for the transaction
of business. The affirmative vote of a majority of the commissioners present and
voting is necessary except at least four (4) affirmative votes shall be required in
the case of: a) text amendment to the zoning ordinance; b) a substantial zoning
reclassification; c) approval, denial, or amendment of a planned district
application; d) adoption of any plan or report; or e) amendment of a
comprehensive plan.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 19th day of September, 2016.
Attest:
Kevin F'rnstahl, City
EFFECT OF AMENDMENT
16-9-1: ZONING ADVISORY COMMISSION:
J. Meetings:
1. RegulaF Meetings: Meetings may be called by the chairperson or at the
written request of a majority of the commissionersThe nen1FAi6G'en ,, "St ,rnP8
monthly
2. Special raneetiRgG• epeGial meetings may be Galled by ehalrperseRef
at the wmitten request of a majoinity of the nemmiodn
23. Open Meetings: All meetings must be called and held in conformance with
the Iowa open meetings law.
34. Attendance:
a. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
chairperson, such absence will be grounds for the commission to
recommend to the city council that the position be declared vacant and a
replacement appointed.
b. Attendance must be entered upon the minutes of all meetings.
46. Minutes: A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after
each meeting, or by the next regularly scheduled city council meeting, whichever
is later.
56. Quorum: Four (4) commissioners constitute a quorum for the transaction
of business. The affirmative vote of a majority of the commissioners present and
voting is necessary except at least four (4) affirmative votes shall be required in
the case of: a) text amendment to the zoning ordinance; b) a substantial zoning
reclassification; c) approval, denial, or amendment of a planned district
application; d) adoption of any plan or report; or e) amendment of a
comprehensive plan.
STATE OF IOWA ISS:
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: September 09, 2016, and for which the charge is $22.41. i)
CITY OF DUBUQUE, j
IOWA: N
OFFICIAL NOTICE
NOTICE IS'HEREBY
GIVEN that.the Dubu- ; a
que';City Council will
conduct a public hear-
-ing,at a meeting" to
commence at 6:00 p.m.,' d
on September 19,2016, I!
in the HistgKq Federal
Subscribed to before me a ar Public in and for Duu ue ount Iowa Building Councrl Cham-
, y bC
q y> > bers��`�(secorStlt"tfldor),`'
this day 350 West 6th Street on,,,, I
,� , 20��. the following:
Text Amendinent I
City of Dubuque re-
questing a'n `amend
mentto the Uni�fietl De I �'
veldpp7ent Code to rel
place, m various sec-
tions, - referehces to I
Downtown Design
Guitlglines,with Archi-
Notary Public in and or Dubuque County Iowa. fectupal Guitlelnes in
' sections 16-10 and 16-
3.
City of Dubuque re-,,
questing an ;amend-
mentto the City of Du-
buque<Code" of Ordi p
nances to change,the
meeting, requirement
$ar,o'",.e` for the Long Range Ant K,W ST RMEYE Planning Advisory
rio Number 1�4&87 B 'fhjstConmic gnoardothe
C� n 'xn, ,201
i
ment and the Zoning
Advisory Commission.
Writtewcomments re-
q
e- !
garding the above pub-
lic hearings may be a,
submitted to the City
Clerk's Office,=50 W.
13th St Dubuque, IA
520011 or before said
timeaf pub lic.hearing.
At said time and place
of public hearings all
interested citizens and
parties will be.given an
opportunity to be
heard'for or :against'
said actions.
Copies of,supporting
documents f'0r the pub-
lic hearings,are on file'
in the City Clerk's Of-
fice,. City Hall, 50 W_
13th;Stmet, Dubuque.
and may be ':viewed i
during regular working
hours.
Any Visual or hearing
impaired persons
needing special, assis-
tanceor persons with
special , _accessibility
needs'should contact
the City Clerk's Office ,
at (563) 589-4100 or
TTI' (563),590-5678 at
least 48,hours prior to
the meeting.
Kevin S.Firnstahl, i
it 9/9
CMC,City Clerk
'
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: September 23, 2016, and for which the charge is $21.15.
Subscribed to before me, a tart' Public in and for Dubuque County, Iowa,
this ?i day o � , 20 / 6 .
otary Public in and for Dubuque County, Iowa.
IAS K,TE MEYER
ommission Number 154885
iY `ont"t. Exp. FEB. 1, 2017
OFFICIAL
PUBLICATION
ORDINANCE NO. 46-16
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES ¢ TITLE,,
15 ; PLANNING AND
ZONING, CHAPTER 2
LONG RANGE PLAN-
NING • 'ADVISORY
COMMISSION, SEC-
TION 15-2-10 MEET
INGS BY CHANGING
THE ' MEETING RE-
QUIREMENT
NOW, THEREFORE,
BE IT ORDAINED BY
THE CITY COUNCIL
OF THE CITY OF DU-
BUQUE, IOWA:
Section 1. Section 15-
( 2-10 of the City of Du
i buque' Code of Ordi-
nances is amended to
read as follows:>
15-2-10: MEETINGS:
A. , Meetings: Meet-
ings may be called by
the chairperson or at
the written request of
a
majority of the com-
missioners.
B. Open Meetings: All j
meetings must be
called and held in con=
formance with the lo-
wa open meetings law.
C. Attendance:
1., In the event a com-
missioner has been ab-
sent for three (3) or
more consecutive
meetings of the com-
mission, without being
excused by the chair-
person, ,such
hair-person,such absence
will be grounds for the
commission to recom-
mend to the city coun-
cil that the position ,be
declared vacant and a
replacement appoint-
ed.
2. Attendance must be
entered uponthe mi-
nutes of all meetings.
D. Minutes: A copy of
the minutes of all regu-
lar and special meet-
ings of the commission
must be filed with the
city council within ten
(10) working days after
each meeting, or by
the next regularly
scheduled city council
meeting, whichever is
later.
E. Quorum: Four (4)
commissioners consti-
tute a quorum for the
transaction of busi-
ness. The affirmative
vote of a majority of
the commissioners`
present and voting is
necessary for the
adoption of any motion
or resolution.
Section 2. This Ordi-
nance takes effect
upon publication.
Passed, approved and
adopted this 19th day
of September, 2016.
/s/Kevin J. Lynch,
Mayor Pro -Tem
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper on the 23rd
day , of September,
2016.
/s/Kevin S. Firnstahl,
City Clerk
It 9/23
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: September 23, 2016, and for which the charge is $23.76.
Subscribed to before me, a ► itary Public in and for Dubuque County, Iowa,
this ,470 day o �/. , 20 /6
Notary Public in and for Dubuque County, Iowa.
S ERMEY
Commission Number 154885
My Comm, Exp. FEB, 1, 201 i
OFFICIAL '
PUBLICATION
ORDINANCE NO. 47-16
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE
16 UNIFIED DEVELOP-
MENT CODE, °CHAP-
TER 8 ZONING BOARD
OF ADJUSTMENT AP-
PLICATIONS " AND
PROCEDURES, SEC-
TION 16-8-1 ZONING
BOARD OF ADJUST-
MENT BY CHANGING
THE MEETING RE-
QUIREMENT
NOW, THEREFORE,
BE IT ORDAINED BY
THE CITY COUNCIL
OF THE CITY OF DU-
BUQUE, IOWA:
Section 1. Section 16-
8-1 of the City of Dubu-
que Code of Ordinan-
ces is amended to read
as follows:
16-8=1: ZONING
BOARD ' OF 'ADJUST-
MENT:
J. Meetings:
1. Meetings: Meetings
may be called by the,
chairperson or at the
written request; of a
majority of the mem-
bers. _\
2. Open Meetings: All
meetings must be
called and held in con-
formance with the -Io-
wa open meetings law.
3. Attendance:
a. In the event a mem-:
'ber of the board has
been absent for three
(3) or more "consecu-
tive meetings of the
board, ` without :being,
excused he chair-
person;„ucb absence
will be grounds' for the
board to recommend
to the city council that
the position be de-
clared vacant and a re-
placement ap
e-placementap p o i cited.
b. Attendance must
be entered upon the
minutes of all meet-
.
ngs.
4. Minutes: A copy of
the minutes of all regu-
lar and special meet-
ings of the
eetings'of'the board must
be filed with the city
council within ten (10)
working days after
each meeting, or , by
the next regularly
scheduled city council
meeting, whichever is
later.
5. Quorum: The con-
curring vote of three
(3) members of the
board is necessary to
reverse any order, re-
quirement, decision, or
determination of any
such administrative of-
ficial, or to decide in
favor of the applicant
on any matter upon
which it is required to
pass under any such
ordinance or to effect
any variation in such
ordinance.
Section 2. This Ordi-
nance `:; takes effect
upon publication.
Passed, approved and
adopted this 19thday
of September, 2016.
/s/Kevin J. Lynch,
Mayor Fro -Tem
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper, ori the 23rd
day of September,
2016.
/s/Kevin S. Firnstahl,
City Clerk
1t 9/23
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: September 23, 2016, and for which the charge is $25.29.
sir-ei2e
Subscribed to before me, a o ary Public in and for Dubuque County, Iowa,
this „120, day o _ , 20 /4
/le 01.
otary Public in and for Dubuque County, Iowa.
Commission Number 154885
My Comm. Exp, FEB. 1, 2017
OFFICIAL
PUBLICATION
, ORDINANCE NO. 48-16
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES ' TITLE
4r�lMl�jl D 4E,{/ Lap
MENT CODE,' CHe
TER 9 ZONING A1-
SORY.,' COMMISSION
APPLICATIONS AND
PROCEDURES, SEC-
TION 16-9-1 ZONING
ADVISORY COMMIS-
SION BY CHANGING
THE MEETING : RE-
QUIREMENT
NOW, THEREFORE,
BE IT ORDAINED BY
THE i CITY COUNCIL
OF THE CITY OF DU-
BUQUE, IOWA:
Section 1. Section 16-
9-1 of the City of Dubu-
que Code of Ordinan-
ces is amended to read
as follows:
16-9-1: ZONING ADVI-
SORY COMMISSION:
J. Meetings:
1. Meetings: Meetings
may be called by the
chairperson or at the
written request of a
majority of the com-
missioners.
2. Open Meetings: All
meetings must be
called and held in con-
formance with the Io-,
wa open meetings law.
3. Attendance:
a. In the event a com-
missioner has been ab-
sent for three (3) or
more consecutive
meetings of the com-
mission without being
excused by the chair-;
person, such absence
will be grounds for the
commission to recom-
mend to the city coun-
cil that the position be
declared vacant and a
replacement ;appoint
ed.
b. Attendance must
be entered upon the'I.
minutes of all meet-`'
ings.
4. Minutes: A copy of
the minutes of all regu-
lar and special meet-
ings of the commission
must be filed with the
city. council within ten
(10) working days after
each meeting, or by `!
the '.next regularly
scheduled city council
meeting, whichever is i
later.
5. Quorum: Four (4)
commissioners consti-
tute a quorum for the
transaction of busi-
ness. The affirmative
vote of a majority of
the ' commissioners
present and voting is
necessary except at
least four (4) affirma-
tive votes shall be re-
quired
e quired' in the case of:
a) text amendment to
the zoning ordinance;
b),a substantial zoning
`reclassification; c) ap-
.proval, denial, or
amendment of a 3plan-
ned district ;applica,
tion;; d) adoption of any
plan or report; :.or e)
amendment of a com-
prehensive plan.
Section 2, This 'Ordi
nance takes effect
upon publication.
Passed, approved and,
adopted this 19th day
of September, 2016..
/s/Kevin J. Lynch,
Mayor Pro -Tem
Attest: is/Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph, Herald
newspaper on the 23rd
day of September,
2016.
/s/Kevin S. Firnstahl,
City Clerk
1t 9/23