Page 66 - Des Moines - Zoning, Planning and Design Ch 134, 135

134-6. reVieW AND APPrOVAl PrOceDUreS DRAFT

Type 1 Zoning Exceptions

a. The exception does not exceed 15% of the B. If a type 1 zoning exception is denied or approved
applicable numerical regulation; or with conditions unacceptable to the applicant,
b. The exception is from a setback or build-to the applicant is authorized to seek approval of
requirement and would allow an addition to requested zoning exception from the board of
a nonconforming building to extend along adjustment in accordance with the type 2 zoning
the same building line or surface parking lot exception procedures of 134-6.6.
as the existing building or surface parking 6.5.7 StANDArDS AND reVieW criteriA
lot. Type 1 zoning exceptions may be approved only when

2. Exceptions to minimum bicycle parking ratios the community development director determines that
and to bicycle parking location and design the following approval standards and criteria and any
regulations. other specific criteria established in this zoning ordi-
3. Exceptions to minimum or maximum motor nance for the authorized type 1 zoning exception have
vehicle off-street parking ratios, not to exceed been met:
one space or 20%, whichever is greater. A. The requested type 1 zoning exception is consistent
B. The type 1 zoning exception procedures may not with all relevant purpose and intent statements of
be used to vary, modify or otherwise preempt a this zoning ordinance and with the general purpose
condition of approval or requirement imposed by an and intent of the comprehensive plan;
authorized decision-making body. B. The requested type 1 zoning exception will not have
a substantial or undue adverse effect upon adjacent
6.5.3 AUtHOritY tO File property, the character of the surrounding area or
Type 1 zoning exception applications may be filed only the public health, safety and general welfare; and
with the consent of all record titleholders or contract
purchasers of the real property on which the proposed c. Any adverse impacts resulting from the type 1
conditional use is proposed. zoning exception will be mitigated to the maximum
extent feasible.
6.5.4 APPlicAtiON FiliNG
Complete applications for type 1 zoning exceptions 6.5.8 cONDitiONS OF APPrOVAl
must be filed with the community development director. In granting a type 1 zoning exception, the community
development director is authorized to impose condi-
6.5.5 NOtice OF FiliNG/iNteNt tO APPrOVe tions upon the subject property that are necessary to
The community development director is responsible reduce or minimize any potentially adverse impacts on
for ensuring that written notice of the filing of a type 1 other property in the surrounding area, and to carry out
zoning exception application is delivered to all owners the stated purpose and intent of this zoning ordinance.
of property abutting the subject lot. The written notice
must describe the nature of the requested type 1 zon- 6.5.9 lAPSe OF APPrOVAl
ing exception. It must also indicate the date on which A. All activity authorized by an approved type 1 zoning
the community development director will take action on exception must be completed within 2 years of the
the application and that the application will be available community development director’s action or the
for review and comment until that date. Any interested approval lapses and is of no further effect.
party may submit written comments concerning the B. If any use of land or structure approved as a type 1
application to the community development director. zoning exception is discontinued for a period of one
6.5.6 ActiON BY cOMMUNitY DeVelOPMeNt year or more, the approved type 1 zoning exception
DirectOr lapses and is of no further effect.
A. The community development director must act to c. If any use or structure approved as a type 1 zoning
approve the type 1 zoning exception application, exception, is destroyed by any means to an extent of
approve the application with conditions or deny 50% or more of its replacement cost at the time of
the application based on the approval criteria and destruction, the approved zoning exception lapses
standards of 134-6.5.7. The community development and is no further effect.
director is also authorized to refer the application to D. Once a type 1 zoning exception lapses, any
the board of adjustment for consideration as a type subsequent use of such land or structure must
2 zoning exception.

134-6-10 DRAFT AuguST 3, 2017