Page 68 - Des Moines - Zoning, Planning and Design Ch 134, 135

134-6. reVieW AND APPrOVAl PrOceDUreS DRAFT

Type 2 Zoning Exceptions

report must be transmitted to the board of adjustment 1. Will adequately safeguard the health, safety
before the required public hearing. and welfare of the occupants of adjoining and
surrounding property;
6.6.6 NOtice OF HeAriNG
It is the policy of the city to provide courtesy mailed 2. Will not impair an adequate supply of light and
notice to all owners of property and recognized air to adjacent property;
neighborhood associations within 250 feet of the 3. Will not unduly increase congestion in the public
property for which the type 2 zoning exception is streets;
requested. 4. Will not increase public danger of fire and safety;
6.6.7 BOArD OF ADJUStMeNt DeciSiON and

A. Following receipt of a complete application for a 5. Will not diminish or impair established property
type 2 zoning exception, the board of adjustment values in the surrounding area.
must hold a public hearing to consider the matter. e. The requested exception relates entirely to a use
Following the close of the public hearing, the board classified by applicable district regulations as either
of adjustment must act to approve the requested a principal permitted use, a permitted accessory
type 2 zoning exception, approve the type 2 zoning use, or a permitted sign, or to off-street parking or
exception with conditions, or deny the type 2 zoning loading areas accessory to such a permitted use.
exception based on the applicable standards and
review criteria of 134-6.6.8. Approval of a type 2 6.6.9 lAPSe OF APPrOVAl 11
zoning exception requires an affirmative vote of at A. All activity authorized by an approved type 2 zoning
least 4 members of the board of adjustment and exception must be completed within 2 years of the
may occur on the consent portion of the board of community development director’s action or the
adjustment’s agenda. approval lapses and is of no further effect.
B. In approving a type 2 zoning exception, the board of B. If any use of land or structure approved as a type 2
adjustment is authorized to impose such conditions zoning exception is discontinued for a period of one
and restrictions as the board determines to be year or more, the approved type 2 zoning exception
necessary to ensure compliance with the standards lapses and is of no further effect.
of 134-6.6.8, to reduce or minimize the effect of c. If any use or structure approved as a type 2 zoning
the type 2 zoning exception upon other properties exception, is destroyed by any means to an extent
12
in the area, and to better carry out the general of 50% or more of its replacement cost at the time
purpose and intent of this zoning ordinance.
of destruction, the approved zoning exception
6.6.8 StANDArDS AND reVieW criteriA lapses and is no further effect.
Type 2 zoning exceptions may be approved only when D. Once a type 2 zoning exception lapses, any
the board of adjustment determines that all the follow- subsequent use of such land or structure must
ing general approval standards and criteria and any conform to the regulations of the subject zoning
other specific criteria established in this zoning ordi- district.
nance for the authorized type 2 zoning exception have
been met: 6.6.10 trANSFerABilitY
A. The requested exception is reasonably necessary Approved type 2 zoning exceptions run with the land
and are not affected by changes of tenancy, ownership,
due to practical difficulties related to the subject or management.
property;
B. The practical difficulties related to the subject 6.6.11 AMeNDMeNtS
property cannot be overcome by any feasible A request for changes in the specific nature of an
alternative means other than an exception; approved type 2 zoning exception or changes to any
c. The requested exception will not have a significant conditions attached to an approved type 2 zoning
adverse impact on the essential character of the 11 These provisions are based on those now found in Sec.
surrounding area; 134-1297. The provisions governing discontinuance and
D. The requested exception by its design, construction damage seem particularly punitive
and operation:
12 The existing exception for R-HD can be eliminated since it
will be addressed in district and building type regulations.

134-6-12 DRAFT AuguST 3, 2017