Page 236 - Des Moines - Zoning, Planning and Design Ch 134, 135
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135-6. reVieW AND APPrOVAl PrOceDUreS DRAFT
Design Exceptions
zoning ordinance requirements may be granted only in requirements included in the building type
accordance with the applicable zoning exception and regulations of Chapter 135, Article 1 and design
variance procedures of Chapter 134. regulations of Chapter 135, Article 2 that are
expressed as a dimension or distance.
6.2.2 tYPe 1 DeSiGN eXcePtiONS
During the site plan review process, the community 3. Modify building type regulations of Chapter 135,
development director is authorized to approve the type Article 1 and design regulations of Chapter 135,
1 design exceptions of this subsection (135-6.2.2) and Article 2 that are expressly identified as eligible
those expressly authorized elsewhere in this chapter, type 1 design exceptions within the text of this
based on consideration of the general intent statement chapter.
of section 135-6.2.1-B: 4. Allow the owner of an existing, lawfully
A. Build-to Zone established single-dwelling house to carry out
building expansions and renovations following
1. Increase the maximum primary frontage build- the House type regulations that most closely
to-zone/setback requirement by 15% or 1 foot, match the existing building, regardless of
whichever is greater. whether that (most closely matching) House type
2. Increase the maximum non-primary frontage is permitted within the subject district.
build-to-zone/setback requirement by 25% or 2.5 5. Waive or modify applicable building type
feet, whichever is greater. regulations related to garage and facade
B. Primary Frontage lot line coverage. Decrease requirements when the existing location
the minimum primary frontage lot line coverage does not comply with applicable building type
requirement by 15% or 3 feet, whichever is greater. regulations.
c. Building Setbacks 6. Waive or modify applicable building type
1. Decrease the minimum interior side setback by regulations of Chapter 135, Article 1 and design
regulations of Chapter 135, Article 2 when the
up to 15% or 1 foot, whichever is greater. community development director determines
2. Decrease the minimum rear by up to 15% or 1 that requiring strict compliance would result in
foot, whichever is greater. a violation of federal legislation, including but
D. Building coverage. Increase the maximum total not limited to the Americans with Disabilities Act,
impervious coverage allowance by up to 15%, and the design exception would be the minimum
provided that such increase does not result in exception necessary to provide relief and any
impervious coverage that exceed the total permitted impacts will be mitigated to the maximum extent
impervious plus semi-pervious coverage. feasible.
e. Height 6.2.3 tYPe 2 DeSiGN eXcePtiONS
1. Increase or decrease the ground story minimum A. The plan and zoning commission is authorized to
or maximum height by up to 1.5 feet. approve requests for relief from strict compliance
2. Increase or decrease the minimum or maximum with the building type regulations of Chapter 135,
height for non-ground floor stories by up to 1 Article 1 and design regulations of Chapter 135,
foot. Article 2 that are not expressly authorized for
F. Occupied Space. Reduce the minimum depth of processing as type 1 design exceptions and to hear
and decide appeals of the community development
required occupied space by up to 15%. director’s decision on any type 1 design exception.
G. transparency . Reduce minimum transparency The plan and zoning commission is also authorized
requirements by up to 15%. to approve those type 2 design exceptions that are
H. Other type 1 Design exceptions expressly authorized in this chapter.
1. Reduce by up to 10% any minimum B. The plan and zoning commission’s decision to
requirements of the building type regulations of approve or deny a request for a type 2 design
Chapter 135, Article 1 and design regulations of exception must be based on a determination of
Chapter 135, Article 2 that are expressed as a whether:
dimension or distance. 1. The requested design exception is consistent
2. Increase by up to 10% any maximum with the general intent statement of section 135-
135-6-6 DRAFT AuGuST 3, 2017
