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Thread: [IowaAPA] Zoning Ordinance Text Amendments?

  1. #1
    George Wesselhoft
    Guest

    [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

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

  2. #2
    Erik Lundy
    Guest

    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

  3. #3
    Burke, Bill
    Guest

    RE: [IowaAPA] Zoning Ordinance Text Amendments?

    * 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>

  4. #4
    Sam Perry
    Guest

    RE: [IowaAPA] Zoning Ordinance Text Amendments?

    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

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