HomeMy WebLinkAboutA001 - Commission Action Form dated December 17, 2008 ITEM # 7
DATE 12/17/08
COMMISSION ACTION FORM
SUBJECT: ZONING ORDINANCE TEXT AMENDMENT REMOVING THE
REQUIREMENT FOR THE PLANNING & ZONING COMMISSION TO
MAKE RECOMMENDATIONS TO THE ZONING BOARD OF
ADJUSTMENT ON SPECIAL USE PERMIT APPLICATIONS
BACKGROUND:
The City of Ames has a long history of requiring that two boards review Special Use
Permit (SUP) applications: The Planning & Zoning Commission and the Zoning Board
of Adjustment (ZBA). This requirement was carried through during the most recent
comprehensive Zoning Ordinance update in 2000. This past summer, during City staff's
presentation of the new development application processing schedule to local
developers, it was suggested that the two board review is redundant and not necessary.
This concern of local developers was forwarded to the City Council during their July
review of the new processing schedule. The Council subsequently referred the concern
to City staff. City planning staff is now addressing that concern by way of a text
amendment after consulting with legal staff on the issue.
Applicable Laws, By-laws and Regulations. Ames Municipal Code Chapter 29.1503
(3)(a) states the following role of the Planning & Zoning Commission for Special Use
Permits:
"The application, along with all required data, shall be transmitted to the Planning
and Zoning Commission for review and recommendation. Such review by the
Commission shall not be concluded until consideration is given to comments at a
public hearing that may be part of a regularly scheduled meeting. Notification of
the public hearing shall be made by mail and posting, in accordance with
Sections 29.1500(2)(d)(1) and (iii) above. Within 30 days of the hearing, the
Planning and Zoning Commission shall submit a written recommendation to the
Zoning Board of Adjustment setting forth the reasons for its recommendation of
acceptance, denial, or modification of the application."
The review criteria for Special Use Permits defined in Section 29.1503(4) are the same
for both the Planning and Zoning Commission and the Zoning Board of Adjustment. The
criteria require findings addressing the following:
a. General Standards
b. Residential Zone Standards
C. Commercial Standards
d. Special Use Permits for Functional Families
e. Conditions
Iowa Code 414.12(2) gives general direction regarding the powers of the Zoning Board
of Adjustment, citing that "special exceptions to the terms of the ordinance" are one of
the powers of the ZBA. The City of Ames legal department confirms that this state code
provision is the basis for both the conditional and the special use permits that the City of
Ames reviews.
Almost every zoning district within Ames Municipal Code has at least one land use
which requires a Special Use Permit. Some districts have several land uses requiring
Special Use Permits. Some of the land uses that require Special Use Permits in certain
zones are less commonly applied for, such as:
• Detention Facilities
• Schools
• Radio & TV Broadcast Facilities
However, some are more commonly applied for, such as:
• Churches
• Child Day Care Facilities
• Salvage Yards
• Cellular Towers
The only other code provision for a Special Use Permit is in Section 29.307(2)(b), which
allows a Special Use Permit for an applicant who is requesting to change from a valid
nonconforming use to a different nonconforming use. This request could occur in any
zone.
Staff presentations to the Planning and Zoning Commission and Zoning Board of
Adjustment are essentially the same at both levels. Although separate hearings and
discussions are held, the same issues are discussed. Typically, attendance is higher at
the ZBA meetings, perhaps because the public knows that final action occurs by the
ZBA.
There is no indication that removing this requirement is in conflict with State of Iowa
laws. The state law pertaining to planning commissions, in Iowa Chapter 414.6 charges
the "zoning commission" with the duty of "recommending the boundaries of the various
districts." It also charges the commission with supplements or changes to those
boundaries. Additionally, according to Ames Municipal Code 29.1402, the Planning and
Zoning Commission recommends to City Council amendments to the Zoning Ordinance
(which includes the map), as well as prepares and adopts the Land Use Policy Plan.
Conclusions. Removing the requirement for the Planning and Zoning Commission's
recommendation is not in conflict with any state or local laws. The Commission's
primary duty is recommending more broad land use and development policies to City
Council. At times, those policy recommendations are a result of a request on a specific
property. For this reason, City staff proposes to provide a periodic summary to the
Planning and Zoning Commission so that the Commission can determine if any text
amendments are needed to the Zoning Ordinance as a result of excessive or redundant
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applications. This will allow the Zoning Board of Adjustment to continue to operate
efficiently and effectively under the policies of the Ames City Council.
Because the review criteria for Special Use Permits are the same for both boards, the
holding of two hearings may be redundant. The quasi-judicial role of the Zoning Board
of Adjustment is more attuned to reviewing the details of site plans and also considering
the requirement for any special mitigating conditions to be placed on the permit.
The current code charges the Planning and Zoning Commission with the review of
Major Site Development Plans and also Preliminary Plats of Major Subdivisions. This
proposed amendment would not affect the Commission's review of those items.
Public Impact. It is not anticipated that there will be a significant public impact.
However, there will be less review time of the Special Use Permit; therefore, it is likely
that a decision will be rendered sooner. This will likely result in a favorable response
from applicants. Since two public hearings are currently being held for Special Use
Permits, there will be less chance for the public to comment. However, as stated before,
higher attendance is more common at the Zoning Board of Adjustment hearing, which is
the hearing in which final action is taken.
Proposed Amendments. The proposed amendments consist of the words "Planning &
Zoning Commission" being stricken from certain sections of the Zoning Ordinance. The
sections are 29.307(2)(b), 29.1503(3)(a)&(b), 29.1503(4)(a)&(b), 29.1503(4)(c), and
29.1503(4)(d)(ii). The attached document includes the stricken text in context with the
rest of the code.
Also proposed is a slight modification of the primary duties of the Planning and Zoning
Commission in Section 29.1402:
The Planning and Zoning Commission is appointed by the Mayor with the advice
and consent of City Council to serve as an independent advisory body to the
Council . The Commission is
responsible for the preparation and adoption of the official Land Use Policy Plan
of the City and gives advice and recommendations on matters involving
amendments to the City's Zoning Ordinance and historic preservation ordinance
and guidelines. The Commission reviews and gives advice on subdivisions
occurring within the City and within the extraterritorial jurisdiction of the City.
Consistency with the Land Use Policy Plan. The proposed amendment is not in
conflict with the Land Use Policy Plan, because it does not remove the Planning &
Zoning Commission's role of preparing and adopting the Land Use Policy Plan.
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ALTERNATIVES:
1. The Planning and Zoning Commission may recommend to the City Council, based
upon the City staff's analysis and conclusions, amendments to Sections
29.307(2)(b), 29.1402, 29.1503(3)(a)&(b), 29.1503(4)(a)&(b), 29.1503(4)(c), and
29.1503(4)(d)(ii), removing the requirement for the Planning and Zoning Commission
to make recommendations to the Zoning Board of Adjustment on Special Use Permit
applications.
2. The Planning and Zoning Commission may recommend to the City Council, to retain
existing language in the code, thereby retaining the Commission's review of Special
Use Permits.
3. The Planning and Zoning Commission may recommend to the City Council, the
amendments proposed by the staff with modifications.
4. The Planning and Zoning Commission can refer this back to the staff for additional
analysis.
RECOMMENDED ACTION:
Based upon the review of applicable state and local codes, City staff believes that this
amendment is not in conflict with any existing regulations, and will serve as a reduction
in staff and commission time spent on Special Use Permit applications, which will
subsequently enhance the existing development application review schedule. As a
result, this may improve the time availability that the Commission can dedicate toward
broader planning and zoning topics and studies. The concept of this proposed
amendment originated from the public and is being recommended as a response to
both the public comment and also the City Council's referral of the comment.
Therefore, it is the recommendation of City staff that the Planning and Zoning
Commission act in accordance with alternative #1, which is to recommend to the City
Council, based upon the City staff's analysis and conclusions, amendments to Sections
29.307(2)(b), 29.1402, 29.1503(3)(a)&(b), 29.1503(4)(a)&(b), 29.1503(4)(c), and
29.1503(4)(d)(ii), removing the requirement for the Planning and Zoning Commission to
make recommendations to the Zoning Board of Adjustment on Special Use Permit
applications.
S:\PLAN_SHR\Council Boards Comm issions\PZ\Commission Action Forms\Text Amendments\SUP procedure text amendment -
12-17-08.doc
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Zoning Board of Adjustment may authorize a structure containing a nonconforming use to be moved to another
location on the same lot,provided that they determine that such a move will not have the effect of increasing the
degree of nonconformity.
(b) Change to Another Nonconforming Use. Except as provided in this Section,a
nonconforming use may be changed only to a use that conforms to the Ordinance. Once changed to a conforming
use,no use may revert to a nonconforming use.
The Zoning Board of Adjustment may grant a Special Use Pen-nit to allow a change from one valid
nonconforming use to a different nonconforming use,provided that,a€Eei-re�ieta�rreeetrneEierr�yy }re-
� �xg,adzergFei �issac , it is determined that:
(i) The proposed use is in the same section 29.501(4)category of use as the currentuse;
(ii) No structural alterations will be made in the building or structure containing the
use that increases any nonconformity;
(iii) The proposed use will have no greater impact on the surrounding area than the
existing nonconforming use;
Ordinance; and (iv) Adequate parking exists for the proposed use,based on parking standards in the
(v) The proposed use is compatible with surrounding land uses,based on the hours
of operation and the ability to mitigate noise and light impacts by incorporating buffering between the proposed use
and surrounding land uses where necessary.
(c) Abandonment.
(i) Effect of Abandonment. Once abandoned,a nonconforming use shall not be
reestablished or resumed. Any subsequent use or occupancy of the structure or lot must conform with the
regulations of the district in which it is located.
(ii) Evidence of Abandonment. A nonconforming use shall be presumed abandoned
when any of the following has occurred:
abandon the use; a. The owner has in writing or by public statement indicated intent to
nonconforming use; b. A less intensive or less nonconforming use has replaced the
C. The building or structure has been removed through the applicable
procedures for the condemnation of unsafe structures;
d. The owner has physically changed the building or structure or its
permanent equipment in such a way as to clearly indicate a change in use or activity to something other than the
nonconforming use;or
period of at least one year. e. The use has been discontinued,vacant or inactive for a continuous
(iii) Notice. Upon the occurrence of any of the events described in Section 3(b)
above,the Zoning Enforcement Officer shall document such event and shall issue a notice to the property owner by
certified mail,return receipt requested,stating that the property owner's intent to abandon the Nonconforming Use is
presumed,and that the Nonconforming Use will be terminated unless the property owner submits an Answer within
30 days of the date the notice was issued.
(iv) Answer. The Answer shall indicate the property owner's intention to resume the
Nonconforming Use and shall describe the actions the property owner intends to take within 90 days of submission
of the Answer to resume the Nonconforming Use. Answers must be on forms provided by the Zoning Enforcement
Officer.
a. If an Answer is submitted within 30 days of the issuance of the Notice,
but the Nonconforming Use is not resumed within the 90 days following submission of an Answer,the
Nonconforming Use shall be terminated at the end of that 90-day period. Once a Nonconforming Use is terminated,
subsequent uses of the property must conform to this Ordinance.
b. If no Answer is submitted within 30 days of the issuance of the Notice,
the Nonconforming Use will be terminated.
(v) Overcoming Presumption of Abandonment. The presumption of abandonment
may be rebutted upon a showing,to the satisfaction of the Zoning Board of Adjustment,that during the 12-month
Sup#2008-4 Chapter 29,Article 3-6 Rev. 10-1-08
ARTICLE 14
ADMINISTRATION
Sec.29.1400. INTERPRETATION OF THIS ARTICLE.
This Article describes certain administrative functions and the powers and duties of administrative bodies and
officers.Some of the powers and duties described are not controlled by this Ordinance,but are established by other City
ordinances or state statutes. Furthermore,the descriptions of the powers and duties provided in this Article are not
meant to be exhaustive, but are meant instead to be descriptions of those primary duties that are relevant to the
application, administration and enforcement of this Ordinance.
Sec.29.1401. CITY COUNCIL.
The City Council is the elected body that is ultimately responsible for all decisions and actions that establish
the overall land use policy and vision for the City. This occurs through the City Council adoption of the Land Use
Policy Plan for the City. The Council is also responsible for other policy direction established through the City's long
range Transportation Plan,Parks and Recreation Plan,Bicycle Route Master Plan and other functional plans like water
distribution and wastewater collection plans. These plans and policies are implemented by Council through a variety
of strategies, including zoning and subdivision regulations, the City's operating budget, the Capital Improvements
Program, and annexation policies.
Sec.29.1402. PLANNING AND ZONING COMMISSION.
The Planning and Zoning Commission is appointed by the Mayor with the approval of the City Council to serve as
an independent advisory body to the Council andjw.;iedicali frta tl-3enin{, €-Adiastmeat. The Commission is
responsible for the preparation and adoption of the official Land Use Policy Plan of the City and gives advice and
recommendations on matters involving amendments to the City's Zoning Ordinance and historic preservation ordinance and
guidelines.The Commission reviews and gives advice on subdivisions occurring within the City and within the extraterritorial
jurisdiction of the City.
(Ord.No. 3945, 2-19-08)
Sec.29.1403. ZONING BOARD OF ADJUSTMENT.
(1) Establishment and Membership.A Zoning Board ofAdjustment is hereby established,which shall
consist of 5 members appointed by the Mayor,subject to confirmation by the City Council. Appointments to the Board
shall be for a term of 5 years. Any vacancy shall be filled in the same manner for the unexpired portion of the term.
Terms of office begin on April 1 of the year of appointment. No member may serve more than 7 years.
(2) Compensation. All members of the Zoning Board ofAdjustment shall serve without compensation.
(3) Meetings and Quorum. There shall be a fixed place of meeting and all meetings shall be open to
the public. The presence of 3 members shall be necessary to constitute a quorum.
(4) Board Action. The concurring vote of 3 members of the Board is necessary on all matters upon
which the Board is required to act under the provisions of this Ordinance and state law.
(5) Officers and Duties.
(a) Chair. The Board shall annually elect this chair at its first meeting on or after April 1 of
each year. Such chair or,in the chair's absence,the acting chair,may administer oaths and compel the attendance of
witnesses.
(b) Secretary. The City Clerk or his/her designee shall serve as secretary of the Board. In the
absence of the secretary, the chair may appoint one of the members of the Board to act as secretary pro tem for the
meeting. The secretary shall keep minutes of the Board's proceedings,showing the vote for each member upon each
question. If a member is absent or does not vote on any matter,the minutes shall indicate this fact. The Board shall
keep records of all official actions,which shall be on file in the office of the City Clerk as a public record.
(6) Rules of the Board. The Board shall adopt,from time to time, subject to the approval of the City
Council,such rules of procedure as it deems necessary for the conduct of its functions.
(7) Powers. As provided by Section 414.12 of the Iowa Code,the Board has the power to:
Sup#2008-2 Chapter 29,Article 14-1 Rev.4-1-08
sound provisions for the protection of the health, safety, convenience and general welfare. This Section permits
detailed review of certain types of land use activities that,because of their particular and unique characteristics,require
special consideration in relation to the welfare of adjacent properties and to the community as a whole. Land and
structural uses possessing these characteristics maybe authorized within designated Zones by the issuance of a Special
Use Permit. This Section also provides for the use of Single Family Dwellings, Two Family Dwellings, and Single
Family Attached Dwellings by a Functional Family.
(2) Submission Requirements. An application for a Special Use Permit, filed in accordance with Section
29.1503, shall be accompanied by:
(a) A statement of supporting evidence that the general and specific standards as delineated in this
Article will be fulfilled;
(b) A Site Plan meeting all the submittal requirements stated in Section 29.1502(2);and
(c) Preliminary plans and specifications for all construction,as applicable.
(3) Procedure for Special Use Permits.
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�st $�ei�sie�� he Zoning Board of Adjustment shall consider the application at a public hearing conducted as
part of a regularly scheduled meeting. Notification of the public hearing shall be made by mail, posting, and
publication,in accordance with Sections 29.1500(2)(d)(i),(ii)and(iii)above. The Zoning Board of Adjustment must
approve,deny, or modify the Special Use Permit application within 60 days of the public hearing.
(Ord.No. 3815, 12-21-04)
(4) Review Criteria. Before a Special Use Permit application can be approved, the Zoning Board of
Adjustment shall establish that the following general standards,as well as the specific standards outlined in subsections
(b),(c),and(d)below,where applicable,have been or shall be satisfied. The Board's action shall be based on stated
findings of fact. The conditions imposed shall be construed as limitations on the power of the Board to act. A mere
finding that a use conforms to those conditions or a recitation of those conditions,unaccompanied by specific findings
of fact,shall not be considered findings of fact for the purpose of complying with this Ordinance.
(a) General Standards. The Zoning Board ofAdjustment shall
review each application for the purpose of determining that each proposed use meets the following standards,and in
addition,shall find adequate evidence that each use in its proposed location will:
(i) Be harmonious with and in accordance with the general principles and proposals ofthe Land
Use Policy Plan of the City;
(ii) Be designed,constructed,operated,and maintained so as to be harmonious in appearance
with the existing or intended character of the general vicinity and that such a use will not change the essential character
of the area in which it is proposed;
(iii) Not be hazardous or disturbing to existing or future uses in the same general vicinity,
(iv) Be served adequately by essential public facilities and services such as highways, streets,
police,fire protection,drainage structure,refuse disposal,water and sewage facilities, and/or schools;
(v) Not create excessive additional requirements at public cost for public facilities and services;
(vi) Not involve uses,activities,processes,materials,equipment or conditions of operation that
will be detrimental to anyperson,property or general welfare byreason ofexcessive production oftraffic,noise,smoke,
fumes,glare, or odors; and
use. (vii) Be consistent with the intent and purpose of the Zone in which it is proposed to locate such
(b) Residential Zone Standards. The-P}azmixg- d-�eirig�-cmYylerr�n�Zoning Board of
Adjustment shall review each application for the purpose of determining that each proposed use in a residential zone
Sup#2006-2 Chapter 29,Article 15-9 Rev.4-1-06
meets the following standards, as well as those set forth in Section 29.1503(4)(a) above and, in addition, shall find
adequate evidence that each use in its proposed location will:
(i) Not create excessively higher levels of traffic than the predominant pattern in the area and
not create additional traffic from the proposed use that would change the street classification and such traffic shall not
lower the level of service at area intersections;
(ii) Not create a noticeably different travel pattern than the predominant pattern in the area.
Special attention must be shown to deliveries or service trips in a residential zone that are different than the normal
to and from work travel pattern in the residential area;
(iii) Not generate truck trips by trucks over 26,000 g.v.w.(gross vehicle weight)to and from the
site except for waste collection vehicles and moving vans;
(iv) Not have noticeably different and disruptive hours of operation;
(v) Be sufficiently desirable for the entire community that the loss of residential land is
justifiable in relation to the benefit;
(vi) Be compatible in terms of structure placement, height, orientation or scale with the
predominate building pattern in the area;
(vii) Be located on the lot with a greater setback or with landscape buffering to minimize the
impact of the use on adjacent property;and
(viii) Be consistent with all other applicable standards in the zone.
(c) Commercial Standards. The-P4&ftnhtg-and�'etring E mrissien-R Td Zoning Board of Adjustment
shall review each application for the purpose of determining that each proposed use located in a commercial zone meets
the following standards as well as those set forth in Section 29.1503(4)(a)above and,in addition,shall find adequate
evidence that each use in its proposed location will:
(i) Be compatible with the potential commercial development and use of property planned to
occur in area;
(ii) Represent the sufficiently desirable need for the entire community that the loss of
commercial land is justifiable in relation to the benefit;and
(iii) Be consistent with all other applicable standards in the zone.
(d) Special Use Permits for Functional Families.
(i) Purpose. This Section is to provide for the regulation of Functional Families that may
request to reside in a Single Family Dwelling, Two Family Dwelling or Single Family Attached Dwelling. The
regulations are also intended to prohibit larger groups of unrelated persons from residing in Single Family Dwellings,
Two Family Dwellings, or Single Family Attached Dwellings. Larger groups of unrelated persons have frequently
shown to have a detrimental affect on Single Family neighborhoods since larger groups of unrelated persons do not
live as a family unit and do not have significant economic or emotional ties to a neighborhood.
(ii) Standards ofFunctional Families. The.R4"aigga Zeiaipg.Commiss"a"Zoning Board
of Adjustment shall review each application for a Special Use Permit for a functional family as provided for in this
section after having determined that the application meets the following standards:
a. The functional family shares a strong bond or commitment to a single purpose
(e.g. religious orders);
b. Members of the functional family are not legally dependent on others not part
of the functional family;
C. Can establish legal domicile as defined by Iowa law;
d. Share a single household budget;
e. Prepare food and eat together regularly;
f. Share in the work to maintain the premises;and
g. Legally share in the ownership or possession of the premises.
(e) Conditions. The Board may impose such additional conditions as it deems necessary for the
general welfare,for the protection of individual property rights,and for ensuring that the intent and objectives of this
Ordinance will be observed.
(Ord.No. 3591, 10-10-00)
(5) Lapse of Approval. All Special Use Permits shall lapse 12 months after the date of issuance unless the
use is undertaken or a building permit has been issued and actual construction started. Where unusual circumstances
Sup#2006-2 Chapter 29,Article 15-10 Rev.4-1-06