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
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