Page 69 - Des Moines - Zoning, Planning and Design Ch 134, 135

DRAFT 134-6. reVieW AND APPrOVAl PrOceDUreS

Zoning Variances

exception must be processed as a new type 2 zoning Figure 6.7-B. Zoning (Use) Variance Process
exception application, including all requirements for
fees, notices and public hearings. Rezoning Denied by City Council

6.6.12 APPeAlS within previous 12 months
Appeals of board of adjustment decisions are taken to
district court (see 134-8.1.3.g). z
Application Filing
6.6.13 SUcceSSiVe APPlicAtiONS (with Community Development Director)
If a type 2 zoning exception application has been
denied by the board of adjustment, a new type 2 zoning z
exception application seeking the same relief may not
be considered by the board of adjustment for at least Staff Review/Recommendation
one year from the date of final action by the board
of adjustment unless the board finds that the facts
and circumstances present at the time of the board’s z
prior decision have materially changed so as to effect Plan and Zoning Commission
Board of Adjustment
the reasons that produced and supported that prior Public Hearing and Recommendation
Public Hearing and Decision
decision. z z
134-6.7 Zoning Variances Approve or Deny
z
Figure 6.7-A. Zoning (Non-Use) Variance Process Approve w/ Conditions

City Council Review
z z

Remand to BoA No Remand
z BoA Decision Final
z
for Rehearing/Decison

6.7.1 iNteNt
A zoning variance is a grant of relief to a property
owner from strict compliance with the regulations of
this zoning ordinance. The intent of a zoning variance
is not to simply remove an inconvenience or financial
burden, but rather to alleviate an unnecessary
hardship that would result if strict compliance with one
or more zoning regulations was required.

6.7.2 AUtHOriZeD ZONiNG VAriANceS
The board of adjustment is authorized to grant a zoning
variance to any regulation in this zoning ordinance in
accordance with the zoning variance procedures of this
section, except that the zoning variance procedures
may not be used to do any of the following:
A. Waive, modify or otherwise vary any of the review
and approval procedures of this zoning ordinance;
or

CITY OF DES MOINES CHAPTER 134: ZONING DRAFT 134-6-13