Page 235 - Des Moines - Zoning, Planning and Design Ch 134, 135

DRAFT 135-6. reVieW AND APPrOVAl PrOceDUreS

Design Exceptions

nature and in screening effects. 2. All appeals of final decisions of the plan and
6. A change in type and design of lighting fixtures, zoning commission must be placed on the
provided an engineer or architect certifies there agenda of the city council within 30 days of the
will be no change in the intensity of light at the date that notice of the appeal was filed with the
property boundary. city clerk. A majority vote of the city council is
required to overturn the action of the plan and
7. A change to increase peripheral yards. zoning commission.
c. If a site plan is resubmitted for final approval that,
as interpreted by the community development 135-6.2 Design exceptions
director, does not comply with conditions required
by the community development director for an 6.2.1 DeSiGN eXcePtiONS GeNerAllY
administrative site plan, or by the plan and zoning A. General. This section establishes regulations
commission for a public hearing site plan, the governing the granting of requests for exceptions to
applicant may elect to either: the building type regulations of Chapter 135, Article
1. Revise the site plan to comply with required 1 and design regulations of Chapter 135, Article 2.
conditions in accordance with the interpretation These design exception regulations are divided into
of the conditions by the community development two categories:
director; or 1. Minor, staff-approved exceptions, referred to as
2. Submit a written request by letter or email type 1 design exceptions (see 135-6.2.2); and
communication that the resubmission is to be 2. More significant type 2 design exceptions, which
processed as an amendment to the site plan. must be reviewed and approved by the plan and
6.1.11 APPeAlS zoning commission (see 135-6.2.3).
A. Appeals of community Development Director B. intent. The design exception provisions of this
interpretations and Decisions section are intended to authorize the granting
of relief from strict compliance with the building
1. The applicant may appeal any interpretation or type regulations of Chapter 135, Article 1 and
final decision of the community development design regulations of Chapter 135, Article 2 when
director by filing a written notice of and reasons specific site features or characteristics of the
for the appeal with the community development subject property, including the presence of existing
director no later than 30 days after the date of buildings, creates conditions that make strict
the action from which the appeal is sought. compliance with applicable regulations impractical

2. All appeals of interpretations or final decisions or undesirable. The design exception provisions
of the community development director must are also intended to recognize that alternative
be placed on the agenda of the plan and zoning design solutions may result in equal or better
commission within 30 days of the date that implementation of the regulation’s intended purpose
written notice of the appeal was filed with the and consistency with the comprehensive plan.
community development director unless the c. Burden of Proof or Persuasion. The burden is
applicant agrees to an extension of time for on the applicant to demonstrate that the requested
plan and zoning commission action. Except design exception meets the criteria for approval
as otherwise expressly stated in chapter, the or demonstrate that the result of the design
affirmative vote of at least 8 plan and zoning exception would equal or exceed the results of strict
commission members is required to overturn or compliance with the subject regulation.
modify the action from which appeal is sought. D. Applications. Requested design exceptions must
B. Appeals of Plan and Zoning commission be noted on he required application and plan, and
Decisions the application must include a written statement
1. The applicant may appeal any final decision of describing why the exception is necessary and all
the plan and zoning commission by filing a notice efforts to mitigate any adverse impacts resulting
of appeal with the city clerk no later than 30 days from a grant of the exception.
after the date of the plan and zoning commission e. Zoning relief Not Authorized
action from which the appeal is sought. Design exceptions may not be used to grant relief
from zoning ordinance requirements. Relief from

CITY OF DES MOINES CHAPTER 135: PLANNING AND DESIGN DRAFT 135-6-5