Page 72 - Des Moines - Zoning, Planning and Design Ch 134, 135

134-6. reVieW AND APPrOVAl PrOceDUreS DRAFT

Requests for Reasonable Accommodation

seeking the same relief may not be considered by 6.9.4 eFFect OF FiliNG
the board of adjustment for at least 2 years from the The filing of a complete notice of appeal stays all
date of final action by the board of adjustment unless proceedings in furtherance of the action appealed,
the board first finds that conditions have changed. A unless the community development director
change in conditions present at the time of the board’s determines that a stay would cause immediate peril
prior decision may be such as: to life or property, in which case the proceedings will
A. When the appellant or applicant proves the consent not be stayed unless by a restraining order, which may
of owners who previously objected to the relief be granted by a district court of record based on due
sought at the earlier hearing; cause shown.
B. When the appellant or applicant proves that land 6.9.5 recOrD OF DeciSiON
adjacent to the subject property is no longer subject At or before the board of adjustment’s decision,
to restrictive covenants that were in effect at the the community development director or other
time of the earlier hearing; administrative official whose decision is being appealed
c. When the appellant or applicant presents a new must transmit to the board of adjustment all papers
plan that involves substantially greater limitations on constituting the record related to the decision being
the use of the property; and appealed

D. When the appellant or applicant presents evidence 6.9.6 NOtice OF HeAriNG
showing that the vicinity of the proposed variance When an appeal affects a specific property, it is the
has undergone a material and substantial change policy of the city to provide courtesy mailed notice
since the earlier decision was rendered. to the subject property owner and to all owners of
property and recognized neighborhood associations
134-6.8 requests for reasonable within 250 feet of the subject property.
Accommodation 6.9.7 HeAriNG AND FiNAl DeciSiON
See Chapter 2, Article VII of the municipal code. A. The board of adjustment must hold a public hearing
on the appeal.
134-6.9 Appeals of Administrative B. In exercising the appeal power, the board of
Decisions adjustment has all the powers of the administrative
official from whom the appeal is taken. The board of
6.9.1 AUtHOritY adjustment may affirm or reverse, wholly or in part,
Except as otherwise expressly stated in this zoning or modify the decision being appealed.
ordinance, the board of adjustment is authorized to
hear and decide all appeals where it is alleged there c. In acting on the appeal, the board of adjustment
has been an error in any written order, decision or must grant to the official’s decision a presumption
determination made by the community development of correctness, placing the burden of persuasion of
director or any other administrative official in the error on the appellant.
administration, interpretation or enforcement of this 6.9.8 reVieW criteriA
zoning ordinance.
The decision being appealed may be reversed or wholly
6.9.2 riGHt tO APPeAl or partly modified only if the board of adjustment finds
Appeals of administrative decisions may be filed by any that the community development director or other
person claiming to be aggrieved by the administrative administrative official erred.
official’s written decision or action.
6.9.9 APPeAlS
6.9.3 APPlicAtiON FiliNG Appeals of board of adjustment decisions are taken to
A. Complete applications for appeals of administrative district court (see 134-8.1.3.g).
decisions must be filed with the community
development director.
B. Appeals of written administrative decisions must be
filed within 10 days of the date of the decision. 15

15 Currently says “within a reasonable time, as provided by rules of the board.”

134-6-16 DRAFT AuguST 3, 2017