HomeMy WebLinkAboutA044 - June 24, 2025, Regular Meeting of the Ames City CouncilITEM #:46
DATE:06-24-25
DEPT:P&H
SUBJECT:TEXT AMENDMENTS FOR NEW AREA, DIMESION, AND OTHER NUMERIC
STANDARDS VARIANCE
COUNCIL ACTION FORM
BACKGROUND:
The Iowa Legislature recently passed House File 652, which was subsequently signed by the
Governor, amending Iowa Code 414.12 to create a new type of Variance to certain zoning
s t andard s. The new Variance option is limited in applicability to area, dimension, and
other numeric zoning requirements. The current Variance process includes all types of
zoning standards, including uses of property.
Variances are a process established by Iowa Code in relation to the authority of the Zoning
Board of Adjustment (ZBA). Certain criteria apply to the review of a variance and the ZBA
must with three affirmative votes find the proposal is consistent with the criteria or the request
is denied.
The current Variance process is based upon a legal threshold of an “unnecessary
hardship” for the use of property. The hardship threshold is a very high bar to meet for
an approval as it is rare that allowed use of property cannot occur in a manner
consistent with zoning and a true hardship exists as defined by state law and case law.
The new variance process is based upon a new legal standard of “practical difficulties”
related to a beneficial use of land. A showing of a financial hardship is not a component
of the practical difficulties standard.
The City is required to allow for the new types of variances consistent with HF 652. The
variances will apply to standards of Ames Municipal Code Chapter 29 Zoning
Ordinance and by language of the bill include signage standards, which are part of
Chapter 29 and Chapter 21 of the Ames Municipal Code.
Staff proposes to merely include a reference in Chapter 21 for signs and the new standards
within Chapter 29 in order to follow the City’s current noticing and hearing process for the
ZBA. Notice of the hearing for a variance shall be provided in the local newspaper and the City
elects to provide mailed and posted notice as well. Additional edits to 29.1504 clean up the
application submittal process to correspond to current practices where Planning staff prepares
the application form and reviews for completeness.
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ALTERNATIVES:
1. Approve on first reading the proposed changes to Chapter 21 and Chapter 29. Staff
requests waiving the rules and adopting on third reading in order for the new
ordinance to be effective by July 1, 2025, when the state law goes into effect.
2. Approve on first reading the proposed changes to Chapter 21 and Chapter 29.
3. Approve on first reading the proposed changes to Chapter 21 and Chapter 29 with
modifications.
4. Refer to staff for more information.
CITY MANAGER'S RECOMMENDED ACTION:
The proposed changes implement recently approved changes to state law. The new,
additional variance standards go into effect on July 1, 2025, regardless of the City
adoption of an ordinance. By adding these requirements to the Municipal Code, the new
variance application will follow the City's established notification rules for Zoning
Board of Adjustment review. Therefore, the City Manager recommends approval of
Alternative 1, as described above.
ATTACHMENT(S):
DRAFT Ordinance incorporating new variance requirements.pdf
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ORDINANCE NO. _________
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES, IOWA, BY AMENDING SECTIONS
21.130, 29.1403(7) AND 29.1504 THEREOF, FOR THE
PURPOSE OF AMENDING THE POWERS GRANTED TO
A BOARD OF ADJUSTMENT REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT TO THE EXTENT OF SUCH CONFLICT; AND
ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED, by the City Council for the City of Ames, Iowa, that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is
hereby amended by amending Sections 21.130, 29.14 and 29.1504 as follows:
“CHAPTER 21
SIGNS
***
Sec. 21.130. SIGN APPEALS.
***
(3) Requests for variances for area, dimensional, or other numerical limitations of this
chapter shall be the exclusive jurisdiction of the Zoning Board of Adjustment.
***
CHAPTER 29-ZONING
ARTICLE 14
ADMINISTRATION
***
Sec. 29.1403. ZONING BOARD OF ADJUSTMENT.
(7) Powers. As provided by Section 414.12 of the Iowa Code, the Board has the power to:
***
(d) Variances for area, dimensional or other numerical limitations. Hear and
decide, in specific cases, such variance from the terms of the ordinance with respect to the area,
dimensional, or other numerical limitations as will not be contrary to the public interest, where
owing to special conditions a literal enforcement of the provisions of the ordinance will result in
practical difficulties to the property owner in making a beneficial use of the property allowed by
the zoning ordinance, and so that the spirit of the ordinance shall be observed and substantial
justice done. Violations of such conditions and safeguards, when made a part of the terms under
which the variance is granted, shall be deemed a violation of this Ordinance shall be municipal
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infraction punishable by a penalty of $500 for a person’s first violation thereof, and a penalty of
$750 for each repeat violation.
(d)(e) Requests for Reasonable Accommodations. Hear and decide on requests for
Reasonable Accommodations in accordance with Sec. 29.1505 of this ordinance.
***
ARTICLE 15
PROCEDURES
***
Sec. 29.1504. VARIANCE.
(1) Purpose. This Section is intended to allow for variances from the terms of this
Ordinance pursuant to Section 414.12 of the Iowa Code. as will not be contrary to the public
interest, where owing to special conditions a literal enforcement of the provisions of the
Ordinance will result in unnecessary hardship, and so that the spirit of this Ordinance shall be
observed and substantial justice done.
(2) Submittal Requirements. In accordance with Sec. 29.1500(1)(a), Applicants
must submit a Variance Application to the Planning and Zoning Housing Department for
consideration by the Zoning Board of Adjustment. The Application for a Variance shall include
the following:
(a) The specific provision of this Ordinance from which the variance is sought;
(b) How the granting of the requested variance relates to the intent and purposes
of this Ordinance and the Comprehensive Plan;
(c) Any pending Building/Zoning Permit, Sign Permit, or Site Development Plan
to which the proposed variance is related.
(d) Proposed findings addressing the particular Variance standards for the request.
(3) Procedure. Review of an application for variance shall be conducted by the
Zoning Board of Adjustment and shall be in accordance with the following:
(a) Application Review. Planning Division staff shall review the application to
determine if the application is complete within three working days after receiving the
application. The determination shall be in writing by staff. The applicant may then update their
application as needed or respond in writing that they choose to proceed with the application as
submitted. The staff review time does not include time needed to review a Building/Zoning
Permit, Minor Site Development Plan, or Sign Permit that is associated with the variance
application. A complete application may be placed on the agenda for the next regularly
scheduled meeting of the Zoning Board of Adjustment if it is determined to be complete at least
14 days before the next regularly scheduled meeting. The Zoning Board of Adjustment shall
review applications so submitted at its next regularly scheduled meeting following submittal.
Applications must be submitted at least 14 days prior to the regularly scheduled meeting of the
Board in order to be received at said meeting. Upon review of the application, the Board shall
either accept the same as complete or return an incomplete application to the applicant with an
explanation of the submittal requirements not met.
***
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(4) Standards. Pursuant to Iowa law, a variance, as defined by Iowa Code section
414.12(3), to the terms of this ordinance, including use, shall be granted only if all of the
following standards are satisfied:
***
(5) Standards for Area, Dimensional, or other numerical limitations. A variance
for area, dimensional or other numerical limitations as defined by Iowa Code section 414.12(4)
may be granted where owing to special conditions a literal enforcement of the provisions of the
ordinance will result in practical difficulties to the property owner in making a beneficial use of
the property allowed by the zoning ordinance, and so that the spirit of the ordinance shall be
observed and substantial justice done. Area, dimensional, or other numerical limitations subject
to variances include but are not limited to requirements for minimum lot size, setbacks, yard
widths, height, bulk, sidewalks, fencing, signage and off-street parking.
To receive the requested area, dimensional, or other numerical variance, the property
owner must prove that:
(a) the practical difficulties faced are unique to the property at issue and not
self-created;
(b) demonstrate that granting the variance will not significantly alter the
essential character of the surrounding neighborhood;
(c) the spirit of the ordinance shall be observed even when the variance is
granted; and
(d) substantial justice shall be done as a result of granting the ordinance.
(5)(6) Application After Denial. Once an application for a variance is denied by the
Zoning Board of Adjustment, the Board may decline to consider an application that is
substantially the same for a period of 12 months after a decision by the Board or court on the
earlier application.
***”
Section Two. All ordinances, or parts of ordinances, in conflict herewith are hereby
repealed to the extent of such conflict, if any.
Section Three. This ordinance shall be in full force and effect from and after its passage
and publication as required by law.
Passed this day of , 2025.
_______________________________ ___________________________________
John A. Haila, Mayor
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First Reading:
Second Reading:
Third Reading:
Passed on:
I, Renee Hall, City Clerk of the City of Ames, Iowa, hereby certify that the above and
foregoing is a true copy of Ordinance No. _____________, passed by the City Council of said
City at the meeting held on ____________________________, and signed by the Mayor on
____________________, and published in the Ames Tribune on _________________.
____________________________________
Renee Hall, City Clerk
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