Page 71 - Des Moines - Zoning, Planning and Design Ch 134, 135

DRAFT 134-6. reVieW AND APPrOVAl PrOceDUreS

Zoning Variances

b. A determination that failure to grant the the matter for further study and action at a regularly
zoning variance would result in exceptional scheduled or special-called board meeting held
hardship to the appellant; during the 30-day delay period. Following the close

c. A determination that the granting of the of the rehearing, the board of adjustment must act
zoning variance will not result in increased to either affirm its initial decision on the zoning use
flood heights, additional threats to public variance or withdraw its initial decision and issue
safety, extraordinary public expense, a new decision on the zoning use variance. upon
creation of nuisances, or victimization of the completion of the rehearing process, the board of
public; adjustment’s decision is not subject to review by the
city council and becomes final and effective upon
d. A determination that the zoning variance filing.
is the minimum necessary, considering the
flood hazard, to afford relief; and 6.7.10 lAPSe OF APPrOVAl 14
e. A showing that the Iowa Department of A. All activity authorized by an approved zoning
Natural Resources has been notified of the variance must be completed within 2 years of the
requested zoning variance. community development director’s action or the
approval lapses and is of no further effect.
6.7.9 FiliNG AND eFFect OF DeciSiONS B. If any use of land or structure approved as a zoning
A. Written decisions of the board of adjustment must variance is discontinued for a period of one year or
be filed promptly following the board’s action and more, the approved zoning variance lapses and is of
be open to public inspection. Written decisions must no further effect.
describe the action taken, the vote of each board
member participating and the reasons for such c. If any use or structure approved as a zoning
action. variance is destroyed by any means to an extent of
50% or more of its replacement cost at the time of
B. Except as expressly stated in paragraph C of this destruction, the approved zoning variance lapses
subsection (134-6.7.9), the board of adjustment’s and is no further effect.
decision on a zoning variance becomes final and
effective after the board’s written decision is filed in D. Once a zoning variance lapses, any subsequent
the board office. use of such land or structure must conform to the
regulations of the subject zoning district.
c. A decision of the board of adjustment to grant a
zoning use variance must be referred to the city 6.7.11 trANSFerABilitY
13
council for review. The city council must then review Approved zoning variances run with the land and are
the board of adjustment’s decision within 30 days not affected by changes of tenancy, ownership, or
after the decision is filed. Following the city council’s management.
review, the council may remand the decision to the
board of adjustment for further study. If the city 6.7.12 AMeNDMeNtS
council does not act to review the decision within A request for changes in the specific nature of an
30 days after it is filed, the board of adjustment’s approved zoning variance or revisions to any conditions
decision becomes effective on the 31st day. If the attached to an approved zoning variance must be
city council declines to remand a decision, the board processed as a new zoning variance application,
of adjustment’s decision becomes final and effective including all requirements for fees, notices and public
on the date of the council’s action to decline hearings.
remand. If the city council remands a decision to 6.7.13 APPeAlS
the board of adjustment, the effective date of the Appeals of board of adjustment decisions are taken to
board’s decision is delayed for 30 days from the district court (see 134-8.1.3g).
date of city council remand.

D. upon remand of a decision from the city council, the 6.7.14 SUcceSSiVe APPlicAtiONS
board of adjustment must conduct a rehearing on If a zoning variance request has been denied by the
board of adjustment, a new zoning variance request
13 The term “use variance” will be defined to include zon-
ing variances to allow a use that is not permitted in the 14 These provisions are based on those now found in Sec.
subject district and a zoning variance from applicable use 134-1297. The provisions governing discontinuance and
separation requirements. damage seem particularly punitive

CITY OF DES MOINES CHAPTER 134: ZONING DRAFT 134-6-15