Page 64 - Des Moines - Zoning, Planning and Design Ch 134, 135
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134-6. reVieW AND APPrOVAl PrOceDUreS DRAFT
Conditional uses
denied by the city council, no new zoning map prepare a report and recommendation. The report and
amendment application that includes all or part of recommendation must be transmitted to the board of
the same property may be filed or considered by the adjustment before its public hearing on the proposed
city council for at least one year from the date of final conditional use.
action by the city council.
6.4.6 NOtice OF HeAriNG
134-6.4 conditional Uses It is the policy of the city to provide courtesy mailed
notice to all owners of property and recognized
Figure 6.4-A. Conditional Use Process neighborhood associations within 250 feet of the
property for which the zoning map amendment is
requested.
6.4.7 BOArD OF ADJUStMeNt DeciSiON
A. Following receipt of a complete conditional use
application, the board of adjustment must hold
a public hearing to consider the application.
Following the close of the public hearing, the board
of adjustment must act to approve the requested
conditional use, approve the conditional use with
conditions, or deny approval of the conditional
use based on the applicable standards and review
criteria of 134-6.4.8. Approval of a conditional use
requires an affirmative vote of at least 4 members
of the board of adjustment and may occur on
the consent portion of the board of adjustment’s
agenda.
B. In approving a conditional use, the board of
adjustment is authorized to impose such conditions
and restrictions as the board determines to be
necessary to ensure compliance with the standards
6.4.1 AUtHOritY tO File of 134-6.4.8, to reduce or minimize the effect of the
Conditional use applications may be filed only with the conditional use upon other properties in the area,
consent of all record titleholders or contract purchasers and to better carry out the general purpose and
of the real property on which the proposed conditional intent of this zoning ordinance.
use is proposed. 6.4.8 StANDArDS AND reVieW criteriA
6.4.2 PreAPPlicAtiON MeetiNG A. General
Property owners requesting approval of a conditional A conditional use may not be approved unless the
use must attend a preapplication meeting before filing board of adjustment determines that the proposed
the conditional use application (see 134-6.1.3) use or activity complies with all applicable use-
specific regulations and that the applicant has
6.4.3 APPlicAtiON FiliNG demonstrated that all of the following general
Conditional use applications must be filed with the standards and review criteria are met:
6
community development director.
1. The proposed location, design, construction,
6.4.4 NeiGHBOr cOMMUNicAtiONS and operation of the use or activity adequately
Applicants for conditional uses are responsible for safeguards the health, safety, and general
conducting neighbor communications activities and
providing of a summary of such activities before
required public hearings (see 134-6.1.6). 6 These criteria are modeled after the general criteria that
6.4.5 StAFF reVieW apply to some conditional uses, Would it be appropriate/
better to use the existing general criteria that now apply
Following receipt of a complete conditional use to all special uses (note: the special use approval process
application, the community development director must is proposed for elimination).
134-6-8 DRAFT AuguST 3, 2017