Page 63 - Des Moines - Zoning, Planning and Design Ch 134, 135
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DRAFT 134-6. reVieW AND APPrOVAl PrOceDUreS
Zoning Map Amendments
amendment application or initiation of zoning map B. Zoning map amendments may be approved by a
amendment by the city council, the community majority vote of all members of the city council,
development director must prepare a report and except that passage of the zoning map amendment
recommendation on the proposed zoning map requires a favorable vote of three-fourths of all
amendment. The report must be transmitted to the members of the city council if either of the following
plan and zoning commission before its public hearing occurs:
on the proposed amendment. 1. The plan and zoning commission recommends
6.3.6 NOtice OF PlAN AND ZONiNG denial of the zoning map amendment; or
cOMMiSSiON HeAriNG 2. A valid protest is filed in opposition to the zoning
It is the policy of the city to provide courtesy mailed map amendment, in accordance with 134-6.3.10.
notice to all owners of property included within the
area that is the subject of the proposed zoning map 6.3.10 PrOteSt OF ZONiNG MAP AMeNDMeNtS
amendment and to all owners of property within A. A protest opposing a zoning map amendment will be
250 feet of the subject property. Mailed notice is not deemed valid if it is signed by any of the following:
provided for city-initiated rezonings when such notice 1. The owners of 20% or more of the area of
would be impractical because of the size of the area the lots included in proposed zoning map
affected.
amendment area;
6.3.7 PlAN AND ZONiNG cOMMiSSiON 2. The owners of 20% or more of the property
recOMMeNDAtiON located within 200 feet of the exterior
A. Following receipt of a complete application for a boundaries of the area included in the proposed
zoning map amendment or initiation of a zoning zoning map amendment area; or
map amendment by the community development 3. The owners of 15% or more of the property
director or city council, the plan and zoning located within 200 feet of the exterior
commission must hold a public hearing on the boundaries of the area included in the
proposed amendment. Following the close of the proposed zoning map amendment area if 30%
public hearing, the plan and zoning commission or more of the area of the lots within 200 feet
must act to recommend that the proposed of the proposed rezoning area is owned by a
amendment be approved, approved with conditions, governmental entity.
or denied. B. A protest opposing a zoning map amendment
B. All proposed zoning map amendments initiated must be filed with the city clerk before the city
by the city council or the community development council’s hearing to consider the subject zoning map
director must be transmitted to the city council amendment.
within a reasonable time following action by the plan
and zoning commission. 6.3.11 reVieW AND APPrOVAl criteriA
c. Motions to recommend approval, approval with The decision to amend the zoning map is a matter
of city council discretion that is not controlled
conditions or denial of zoning map amendments by any single standard or criterion. In making
may be approved by a simple majority vote.
recommendations and decisions on zoning map
6.3.8 NOtice OF citY cOUNcil HeAriNG amendments, review and decision-making bodies must
Notice of the city council’s required public hearing consider all relevant factors, including at least the
on a zoning map amendment must be published in following:
accordance with 134-6.1.7. A. Whether the proposed zoning map amendment
is consistent with the policy and intent of
6.3.9 citY cOUNcil ActiON comprehensive plan; and
A. Following receipt of the plan and zoning B. Whether the proposed zoning map amendment
commission’s report and recommendation, the corrects an error or inconsistency or is necessary
city council must hold a public hearing and act to or desirable to meet the challenge of a changed or
approve the proposed zoning map amendment, changing condition and is in the public interest.
approve the proposed zoning map amendment
with conditions or deny the proposed zoning map 6.3.12 SUcceSSiVe APPlicAtiONS
amendment. If a zoning map amendment application has been
CITY OF DES MOINES CHAPTER 134: ZONING DRAFT 134-6-7
