Page 65 - Des Moines - Zoning, Planning and Design Ch 134, 135

DRAFT 134-6. reVieW AND APPrOVAl PrOceDUreS

Type 1 Zoning Exceptions

welfare of persons residing or working in conform to the regulations of the subject zoning
adjoining or surrounding property; district.
2. The proposed use will not impair an adequate 6.4.11 AMeNDMeNtS
supply of light and air to surrounding property; A request for revisions to the specific nature of an

3. The proposed use will not unduly increase approved conditional use or to any conditions attached
congestion in the streets, or public danger of fire, to an approved conditional use must be processed
safety or flooding; as a new conditional use application, including all
4. The proposed use will not diminish or impair requirements for fees, notices and public hearings.
established nearby property values; and 6.4.12 APPeAlS
5. The proposed use is consistent with the general Appeals of board of adjustment decisions are taken to
purpose of this zoning ordinance and the district court (see 134-8.1.3.g).
comprehensive plan and any specific purposes
established in this zoning ordinance for the 6.4.13 SUcceSSiVe APPlicAtiONS
subject use. If a conditional use has been denied by the board of
adjustment, a new conditional use application seeking
6.4.9 FiliNG AND eFFect OF DeciSiONS the same approval may not be considered by the board
A. Written decisions of the board of adjustment must of adjustment for at least one year from the date of
be filed promptly following the board’s action and final action by the board of adjustment unless the
be open to public inspection. Written decisions must board finds that the circumstances at the time of the
describe the action taken, the vote of each board board’s previous decision have materially changed so as
member participating and the reasons for such to effect the reasons that produced and supported that
action. previous decision.
B. The board of adjustment’s decision on a conditional 134-6.5 type 1 Zoning exceptions
use becomes final and effective after the board’s
written decision is filed with the community 6.5.1 iNteNt
development department, which serves as the board Type 1 zoning exceptions are intended to provide a
of adjustment office. streamlined approval procedure for minor (de minimis)

6.4.10 lAPSe OF APPrOVAl 7 modifications of selected zoning ordinance regulations.
Type 1 zoning exceptions are further intended to:
A. All activity authorized by an approved conditional
use must be completed within 2 years of the board’s A. Allow development and construction that is in
action or the approval lapses and is of no further keeping with the general purpose and intent of
effect. zoning ordinance regulations and the established
character of the area in which the development or
B. If any use of land or structure approved as a construction is located; and
conditional use is discontinued for a period of one
year or more, the conditional use approval lapses B. Provide flexibility that will help promote
and is of no further effect. 8 rehabilitation and reuse of existing buildings and
new construction when such flexibility will not
c. If any use or structure approved as a conditional adversely affect nearby properties or neighborhood
use is destroyed by any means to an extent of character.
50% or more of its replacement cost at the time of
destruction, the approved conditional use lapses 6.5.2 AUtHOriZeD tYPe 1 ZONiNG eXcePtiONS
and is no further effect. A. Only the following may be approved as type 1 zoning
D. Once a conditional use approval lapses, any exceptions:
subsequent use of such land or structure must 1. Exceptions to any numerical regulation
established in the building type regulations
7 These provisions are based on those now found in Sec. of Chapter 135, Article 1 when the proposed
134-1297. The provisions governing discontinuance and construction is not subject to site plan review
damage seem particularly punitive under Chapter 135 and when:
8 The existing exception for R-HD can be eliminated since it
will be addressed in district and building type regulations.

CITY OF DES MOINES CHAPTER 134: ZONING DRAFT 134-6-9