Page 64 - Des Moines - Zoning, Planning and Design Ch 134, 135
P. 64

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
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