Page 67 - Des Moines - Zoning, Planning and Design Ch 134, 135

DRAFT 134-6. reVieW AND APPrOVAl PrOceDUreS

Type 2 Zoning Exceptions

conform to the regulations of the subject zoning 1. Exceptions to allow required parking spaces for
district. residential uses to be provided off-site.
6.5.10 trANSFerABilitY 2. Exceptions to any numerical regulation
Approved type 1 zoning exceptions run with the land established in the building type regulations
and are not affected by changes of tenancy, ownership, of Chapter 135, Article 1 when the proposed
or management. construction is not subject to site plan review
under Chapter 135 and when the exception
6.5.11 AMeNDMeNtS does not exceed 50% of the applicable numerical
A request for changes in the specific nature of an ap- regulation.
proved type 1 zoning exception or changes to any con- 3. Exceptions of minimum or maximum motor
ditions attached to an approved type 1 zoning exception vehicle off-street parking ratios by no more than
must be processed as a new type 1 zoning exception 50%.
application, including all requirements for fees.
4. Exceptions to the time period within which
a use may be resumed after a temporary
134-6.6 type 2 Zoning exceptions 9 discontinuance of that use, when:
Figure 6.6-A. Type 2 Zoning Exception Process a. Discontinuance of the use was due to
unique circumstances not of the property
owner’s own making; and
b. Resumption of the use will not have a
significant adverse impact on the essential
character of the surrounding area.
5. Exceptions to allow a pole sign in a location
where such a sign would otherwise be prohibited
when the board of adjustment determines that
there is no feasible location for the placement
of a monument sign that is outside of the vision
clearance triangle required by municipal code
section 114-14 and the proposed sign does not
obstruct the vision of drivers entering or exiting
the subject or adjoining properties.
B. The type 2 zoning exception procedures may not
be used to vary, modify or otherwise preempt a
condition of approval or requirement imposed by an
authorized decision-making body.
6.6.1 iNteNt
Type 2 zoning exceptions are intended to provide a 6.6.3 AUtHOritY tO File
procedure for the board of adjustment to use in consid- Type 2 zoning exception applications may be filed only
ering requests for regulatory relief from certain speci- with the consent of all record titleholders or contract
fied zoning regulations when such relief is reasonably purchasers of the real property on which the proposed
needed to overcome practical difficulties related to the conditional use is proposed.
subject property.
6.6.4 APPlicAtiON FiliNG
6.6.2 AUtHOriZeD tYPe 2 ZONiNG eXcePtiONS Complete applications for type 2 zoning exceptions
A. Only the following may be approved as Type 2 must be filed with the community development
zoning exceptions: 10 director.
6.6.5 StAFF reVieW
9 Staff and plan and zoning commission administered “de- Following receipt of a complete application, the
sign exceptions” are authorized under chapter 135..
community development director must prepare a
10 We recommend that authorized exceptions be called out report on the requested type 2 zoning exception. The
within the respective regulations rather than in the proce-
dures.

CITY OF DES MOINES CHAPTER 134: ZONING DRAFT 134-6-11