[IowaAPA] Zoning Ordinance Text Amendments?

[George Wesselhoft]

Does anyone have a process and associated fee for a citizen to request a
text (not zoning map) amendment to the Zoning Ordinance? Recently we had a
request from a used car dealer to permit used car sales in one of our
commercial zones where such use is currently not permitted. Due to small
lot size he could not rezone to the commercial zone which does permit used
car sales and so he submitted a request to our P&Z for a global text
amendment to allow used car sales in the entire zoning district where the
property in question is located.



George Wesselhoft, AICP, LEED GA

Planning and Zoning Director

City of Pella

100 Truman Road

Pella, Iowa 50219

(641) 628-1601

<mailto:gwesselhoft (AT) cityofpella (DOT) com> gwesselhoft (AT) cityofpella (DOT) com

[Erik Lundy]

City of Des Moines charges $50 for a text amendment request. Our used car lot minimum (0.5 acres) is a site plan design guideline and may be waived by the Plan and Zoning Commission as part of site plan review. Sounds like yours is a tight Zoning standard, shouldn't Board of Adjustment be available as a remedy rather than amending the text for all future?



To: IowaAPA (AT) yahoogroups (DOT) com
From: gwesselhoft (AT) cityofpella (DOT) com
Date: Fri, 8 Oct 2010 14:11:26 -0500
Subject: [IowaAPA] Zoning Ordinance Text Amendments?








Does anyone have a process and associated fee for a citizen to request a text (not zoning map) amendment to the Zoning Ordinance? Recently we had a request from a used car dealer to permit used car sales in one of our commercial zones where such use is currently not permitted. Due to small lot size he could not rezone to the commercial zone which does permit used car sales and so he submitted a request to our P&Z for a global text amendment to allow used car sales in the entire zoning district where the property in question is located.

George Wesselhoft, AICP, LEED GA
Planning and Zoning Director
City of Pella
100 Truman Road
Pella, Iowa 50219
(641) 628-1601
gwesselhoft (AT) cityofpella (DOT) com

[Burke, Bill]

* Does your zoning ord. permit individuals to propose text amendments?
* If so, any such proposal must be evaluated on maintaining the integdrity of the entire city zoning pattern, and its conformance with your Comprehensive Plan
* Such a proposal would seem to be just another means of doing a inddividual property rezoning, and may end up constituting spot zoning.
* Bottom-line--such action should be in the best overall interest of the city's land use planning and zoning.

Bill Burke AICP



________________________________
From: IowaAPA (AT) yahoogroups (DOT) com [IowaAPA (AT) yahoogroups (DOT) com] On Behalf Of George Wesselhoft [gwesselhoft (AT) cityofpella (DOT) com]
Sent: Friday, October 08, 2010 2:11 PM
To: IowaAPA (AT) yahoogroups (DOT) com
Subject: [IowaAPA] Zoning Ordinance Text Amendments?


Does anyone have a process and associated fee for a citizen to request a text (not zoning map) amendment to the Zoning Ordinance? Recently we had a request from a used car dealer to permit used car sales in one of our commercial zones where such use is currently not permitted. Due to small lot size he could not rezone to the commercial zone which does permit used car sales and so he submitted a request to our P&Z for a global text amendment to allow used car sales in the entire zoning district where the property in question is located.

George Wesselhoft, AICP, LEED GA
Planning and Zoning Director
City of Pella
100 Truman Road
Pella, Iowa 50219
(641) 628-1601
gwesselhoft (AT) cityofpella (DOT) c...ella (DOT) com>

[Sam Perry]

Maybe there is an avenue through ZBA. Perhaps a use variance would be
possible. We occaisonally see those in Ames, but very rare. Not sure if it
would meet the hardship criteria unless there is something unusual about
the site and the car dealer is the only thing that could make a reasonable
return. We had one recently with an unusually shaped parcel with minimal
frontage, that we recommended and was approved.

In Ames, the zoning text amendment fee is $75.00. The application is here:

http://www.cityofames.org/HousingWeb...gOrdinance.pdf

Code section 29.1507

It is our Council's policy that they first refer it. More/less authorize
staff to spend the time analyzing it. Which consists of a letter from the
applicant directly to council explaining the request. If referred, then
staff would receive the application and fee. Staff would compare the
requested text change to the Comp plan and the remainder of the Zoning
Ordinance and give that analysis to the applicant. The applicant would
then have the option to move forward with the requested change or not.
Then staff could present the request and recommendation to P&Z. Then P&Z
would make a recommendation to Council. Then staff would present that to
the Council for the legislative decision. If approved, an ordinance could
be drafted, then three readings would follow before being published as
law. Usually 2-3 months, minimum.

Sam Perry, Planner
City of Ames, IA, Dept of Planning & Housing
Direct: (515) 239-5447
Front Desk: (515) 239-5400
Fax: (515) 239-5404
Email: sperry (AT) city (DOT) ames.ia.us
Web: www.cityofames.org

515 Clark Ave.
P.O. Box 811
Ames, IA 50010




Erik Lundy <tru2cy (AT) msn (DOT) com>
Sent by: IowaAPA (AT) yahoogroups (DOT) com
10/08/2010 02:49 PM
Please respond to
IowaAPA (AT) yahoogroups (DOT) com


To
<iowaapa (AT) yahoogroups (DOT) com>
cc

Subject
RE: [IowaAPA] Zoning Ordinance Text Amendments?







City of Des Moines charges $50 for a text amendment request. Our used car
lot minimum (0.5 acres) is a site plan design guideline and may be waived
by the Plan and Zoning Commission as part of site plan review. Sounds
like yours is a tight Zoning standard, shouldn't Board of Adjustment be
available as a remedy rather than amending the text for all future?

To: IowaAPA (AT) yahoogroups (DOT) com
From: gwesselhoft (AT) cityofpella (DOT) com
Date: Fri, 8 Oct 2010 14:11:26 -0500
Subject: [IowaAPA] Zoning Ordinance Text Amendments?


Does anyone have a process and associated fee for a citizen to request a
text (not zoning map) amendment to the Zoning Ordinance? Recently we had
a request from a used car dealer to permit used car sales in one of our
commercial zones where such use is currently not permitted. Due to small
lot size he could not rezone to the commercial zone which does permit used
car sales and so he submitted a request to our P&Z for a global text
amendment to allow used car sales in the entire zoning district where the
property in question is located.

George Wesselhoft, AICP, LEED GA
Planning and Zoning Director
City of Pella
100 Truman Road
Pella, Iowa 50219
(641) 628-1601
gwesselhoft (AT) cityofpella (DOT) com