Page 62 - Des Moines - Zoning, Planning and Design Ch 134, 135
P. 62
134-6. reVieW AND APPrOVAl PrOceDUreS DRAFT
Zoning Map Amendments
its public hearing on the proposed amendment. 134-6.3 Zoning Map Amendments
6.2.3 reQUireD NOtice OF HeAriNG Figure 6.3-A. Zoning Map Amendment Process
Notice of the plan and zoning commission’s required
public hearing on a zoning ordinance text amendment
must be published in accordance with 134-6.1.7.
6.2.4 PlAN AND ZONiNG cOMMiSSiON
recOMMeNDAtiON
The plan and zoning commission must hold a
public hearing on the proposed zoning ordinance
text amendment. Following the close of the public
hearing, the plan and zoning commission must act to
recommend that the proposed text amendment be
approved, approved with conditions, or denied and
transmit its report and recommendations to the city
council. Motions to approve, approve with conditions
or deny zoning ordinance text amendments may be
approved by a simple majority vote of a quorum.
6.2.5 citY cOUNcil ActiON
Following receipt of the plan and zoning commission’s
report and recommendation, the city council must
hold a public hearing and act to approve the proposed
zoning ordinance text amendment, approve the
proposed text amendment with conditions or deny
the proposed text amendment. Zoning ordinance text
amendments may be approved by a majority vote of all
members of the city council.
6.2.6 reVieW AND APPrOVAl criteriA 6.3.1 AUtHOritY tO File
The decision to amend the zoning ordinance text is a Amendments to the zoning map may be initiated
matter of legislative discretion that is not controlled by only by the city council, the community development
any one standard. In making recommendations and director or with the consent of all record titleholders
decisions about zoning ordinance text amendments, or contract purchasers of the real property that is the
review and decision-making bodies must consider all subject of the proposed zoning map amendment.
relevant factors of Iowa Code section 414.3 and the
following: 6.3.2 PreAPPlicAtiON MeetiNG
A. Whether the proposed text amendment is in Property owners proposing a zoning map amendment
conformity with the policy and intent of the must attend a preapplication meeting before filing the
comprehensive plan; and zoning map amendment application (see 134-6.1.3)
B. Whether the proposed zoning ordinance text 6.3.3 APPlicAtiON FiliNG
amendment corrects an error or inconsistency or Property owner-initiated applications for zoning
is necessary or desirable to meet the challenge of a map amendments must be filed with the community
changed or changing condition and is in the public development director.
interest.
6.3.4 NeiGHBOr cOMMUNicAtiONS
Applicants for zoning map amendments are responsible
for conducting neighbor communications activities
and providing of a summary of such activities before
required public hearings (see 134-6.1.6).
6.3.5 StAFF reVieW
Following receipt of a complete zoning map
134-6-6 DRAFT AuguST 3, 2017