Page 61 - Des Moines - Zoning, Planning and Design Ch 134, 135

DRAFT 134-6. reVieW AND APPrOVAl PrOceDUreS

Zoning Ordinance Text Amendments

6.1.8 cOUrteSY PUBlic HeAriNG NOticeS 5 6.1.10 ActiON BY reVieW AND DeciSiON-MAKiNG
A. General. Courtesy notice of pubic hearings and BODieS
notices of proposed actions under this zoning A. Review and decision-making bodies may take any
ordinance are not required by law, but are routinely action that is consistent with:
provided by the city or required of applicants as a 1. The regulations of this zoning ordinance; and
way of increasing public awareness, transparency
and participation in planning and development 2. Any rules or by-laws that apply to the review or
matters. decision-making body.

B. Mailed Notice. Whenever the procedures of this B. Review and decision-making bodies are authorized
article call for the provision of courtesy mailed to continue a public hearing or defer action in
notices, the notices must be sent by united States order to receive additional information or further
Postal Service regular mail. Addresses must be deliberate.
based on property ownership information from the c. When the procedures of this article authorize
county assessor’s office. approval with conditions, review bodies, including
c. Other courtesy Notices. In addition to staff, are authorized to recommend conditions
other forms of courtesy notice, the community and decision-making bodies are authorized to
development director must endeavor to provide one approve the subject application with conditions.
or more of the following forms of additional courtesy Any conditions recommended or approved must be
notice of public hearings required under this zoning reasonable and imposed to satisfy public needs that
ordinance: are directly caused by the requested change or the

1. Mailing notices to recognized neighborhood and proposed use or development.
resident organizations whose boundaries include 6.1.11 DeciSiON-MAKiNG criteriA; BUrDeN OF
or are abutting the subject property; PrOOF Or PerSUASiON
2. Posting notices in city hall or in other Applications must address relevant review and
government buildings; or decision-making criteria. In all cases, the burden is on
3. Publishing notice on the city’s website. the applicant to show that an application or proposal
complies with all applicable review or approval criteria.
6.1.9 HeAriNG PrOceDUreS 6.1.12 reQUireD tiMe-FrAMeS FOr ActiON
A. At required public hearings, interested persons Any time limit specified in this zoning ordinance for any
must be permitted to submit information and decision or action on behalf of a review or decision-
comments, verbally or in writing. The hearing body making body may be extended if the applicant agrees
is authorized to establish reasonable rules and to an extension. unless otherwise expressly stated, if
regulations governing the conduct of hearings and a review or decision-making body does not render a
the presentation of information and comments. decision or take action within any time period required

B. A public hearing may be continued by the under this zoning ordinance and the applicant has
hearing body. No re-notification is required if the not agreed to an extension of that time limit, the
continuance is set for specified date and time and application is deemed denied.
that date and time is determined at the time of the
continuance. 134-6.2 Zoning Ordinance text
c. If a public hearing is continued or postponed Amendments
for an indefinite period of time from the date 6.2.1 AUtHOritY tO File
of the originally scheduled public hearing, new Amendments to the text of this zoning ordinance
public hearing notice must be given before the may be initiated only by the city council, community
rescheduled public hearing.
development director or legal department.
6.2.2 StAFF reVieW
The community development director must prepare a
report and recommendation on the proposed zoning
ordinance text amendment. The report must be
5 Courtesy notices are those that the city elects to provide in
addition to the published notice required by state law. transmitted to the plan and zoning commission before

CITY OF DES MOINES CHAPTER 134: ZONING DRAFT 134-6-5