Page 82 - Des Moines - Zoning, Planning and Design Ch 134, 135
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134-8. ADMiNiStrAtiON AND eNFOrceMeNt DRAFT
Review and Decision-Making Bodies
134-8.1 review and Decision-Making of this chapter that include procedural or other
Bodies requirements set forth in Iowa and federal law,
including but not limited to Iowa Code Chapter
8.1.1 citY cOUNcil 8C and the Spectrum Act and similar FCC
the city council has the powers and duties that are regulations. In addition, if the denial of an appeal
expressly identified in this zoning ordinance and in or variance or exception will result in denial
Chapter 2, Article III. of wireless telecommunications services, or if
approval of an appeal or variance or exception
8.1.2 PlAN AND ZONiNG cOMMiSSiON is necessary due to the type of technology
the plan and zoning commission has the powers proposed by an applicant, then the board of
and duties that are expressly identified in this zoning adjustment shall grant the relief sought, which
ordinance and in Chapter 82, Article II. may be subject to conditions allowed by city,
state, and federal law.
8.1.3 BOArD OF ADJUStMeNt
A. composition. the board of adjustment must G. Appeals to District court. Any taxpayer or any
officer, department, board or bureau of the city or
consist of 7 members, at least 4 of whom must any persons jointly or severally aggrieved by any
be persons representing the public at large, not decision of the board of adjustment may present
involved in the business of purchasing or selling real to a court of record a petition for writ of certiorari,
estate. duly verified, setting forth that such decision is
B. Appointment and terms. Board of adjustment illegal, in whole or in part, specifying the grounds of
members must be appointed and serve terms in the illegality. the petition must be presented to the
accordance with state statutes. court within 30 days after the filing of the decision in
c. Officers. the board of adjustment must elect a the office of the board of adjustment.
chairperson, vice chairperson and secretary. 8.1.4 HiStOric PreSerVAtiON cOMMiSSiON
D. rules of Procedure. the board of adjustment must the historic preservation commission has the powers
adopt rules necessary for the conduct of its affairs. and duties that are expressly identified in this zoning
e. Meetings. Board of adjustment meetings must ordinance and in section 58-30.
be held at the call of the chairperson and at other 8.1.5 cOMMUNitY DeVelOPMeNt DirectOr
times as the board of adjustment may determine. the community development director has the powers
the chairperson, or in the chairperson’s absence, and duties expressly identified in this zoning ordinance,
the acting chairperson, may administer oaths and as well as those assigned or delegated by the
compel attendance of witnesses. All meetings of the community development director.
board of adjustment must be open to the public,
in accordance with Chapter 21 of the Iowa Code. Remainder of page intentionally blank
the board of adjustment must keep records of
its proceedings and official actions. Records must
indicate the vote of each member on each question
(including absences and abstentions), all of which
must be open public record on file in the office of
the board of adjustment.
F. Powers and Duties
1. the board of adjustment has the powers and
duties that are expressly identified in this zoning
ordinance, including hearing and acting on
applications for zoning variances, zoning use
variances, zoning exceptions, conditional uses
and appeals of administrative decisions.
2. Notwithstanding the foregoing, the board of
adjustment is expressly prohibited from hearing
appeals or considering variances or exceptions
to the wireless telecommunication provisions
134-8-2 DRAFT AuguSt 3, 2017
