Page 70 - Des Moines - Zoning, Planning and Design Ch 134, 135
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134-6. reVieW AND APPrOVAl PrOceDUreS DRAFT
Zoning Variances
B. Waive, vary, modify or otherwise override a of 134-6.7.8, to reduce or minimize the effect of the
condition of approval or requirement imposed by an zoning variance upon other properties in the area,
authorized decision-making body. and to better carry out the general purpose and
intent of this zoning ordinance.
6.7.3 AUtHOritY tO File
Zoning variance applications may be filed only with the 6.7.8 StANDArDS AND reVieW criteriA
consent of all record titleholders or contract purchasers A. General. A zoning variance may only be approved
of the real property on which the proposed conditional when the variance will not be contrary to the public
use is proposed. interest, and where owing to special conditions
a literal enforcement of the regulations of this
6.7.4 APPlicAtiON FiliNG chapter will result in unnecessary hardship, and
A. Complete applications for zoning variances must be so that the spirit of this chapter shall be observed
filed with the community development director. and substantial justice done. A zoning variance
B. An application for a zoning use variance may not be further may not be approved unless the board of
filed or accepted for processing unless a proposed adjustment determines that all of the following facts
amendment to rezone the subject property to a have been established by the applicant:
district that would allow the subject use has been 1. The subject property cannot yield a reasonable
considered and denied by the city council within return from any use permitted by the subject
the preceding 12 months, except this requirement zoning regulations. Failure to yield a reasonable
does not apply to requests to vary use separation return may only be shown by proof that the
requirements. owner has been deprived of all beneficial or
productive use of the subject property. It is not
6.7.5 StAFF reVieW sufficient to merely show that the value of the
Following receipt of a complete application, the land has been depreciated by the regulations or
community development director must prepare a that a zoning variance would permit the owner
report on the requested zoning variance. The report to maintain a more profitable use;
must be transmitted to the board of adjustment before
the required public hearing. 2. The plight of the owner is due to unique
circumstances not of the owner’s own making,
6.7.6 NOtice OF HeAriNG which unique circumstances must relate
It is the policy of the city to provide courtesy mailed specifically to the subject property and not to
notice to all owners of property and recognized general conditions in the neighborhood; and
neighborhood associations within 250 feet of the 3. The use or construction to be authorized by
property for which the zoning variance is requested. the zoning variance will not alter the essential
6.7.7 BOArD OF ADJUStMeNt DeciSiON character of the area in which the subject
property is located.
A. Following receipt of a complete zoning variance B. Floodplain Variances. No zoning variance from
application, the board of adjustment must hold a the FH zoning district regulations may be approved
public hearing to consider the requested zoning unless the board of adjustment determines that
variance. Following the close of the public hearing, the general zoning variance standards and review
the board of adjustment must act to approve the criteria of paragraph A of this subsection 134-
requested zoning variance, approve the zoning 6.7.8. have been met and that all of the following
variance with conditions, or deny the zoning additional following facts have been established by
variance request based on the applicable standards the owner of the subject property:
and review criteria of 134-6.7.8. Approval of a zoning
variance requires an affirmative vote of at least 4 1. No zoning variance may be granted from the FH
members of the board of adjustment and may occur zoning district regulations that would result in a
on the consent portion of the board of adjustment’s significant increase in the 100-year flood level.
agenda. 2. Zoning variances from the FH zoning district
B. In approving a zoning variance, the board of regulations may only be granted upon:
adjustment is authorized to impose such conditions a. A showing of good and sufficient cause;
and restrictions as the board determines to be
necessary to ensure compliance with the standards
134-6-14 DRAFT AuguST 3, 2017
