ORDINANCE NO. 14,731
AN ORDINANCE to amend the Municipal Code
of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed
June 5, 2000, as heretofore amended, by adding and enacting a new paragraph (g)
to subsection (4) of Section 134-64 to authorize the Board of Adjustment to
grant an exception under specified conditions to allow a commercial business to
be operated in the “R-HD” Residential Historic District by a business owner who
does not reside at the business.
BE
IT ORDAINED by the City Council of the City of Des Moines, Iowa:
Section 1. That the Municipal Code of the City of Des Moines, Iowa, 2000,
adopted by Ordinance No. 13,827, passed June 5, 2000, as amended by Ordinance
Nos. 13,905 and 13,906 passed January 22, 2001, and by Ordinance No. 14,097
passed June 3, 2002, be and is hereby amended by adding and enacting a new
paragraph (g) to subsection (4) of Section 134-64 to authorize the Board of
Adjustment to grant an exception under specified conditions to allow a
commercial business to be operated in the “R-HD” Residential Historic District
by a business owner who does not reside at the business, as follows:
Sec.
134-64. Powers and duties.
The
board of adjustment shall have the power and duty to:
(4) Permit the
exceptions in this subsection to the district regulations set forth in this
chapter, provided all exceptions shall by their design, construction and
operation adequately safeguard the health, safety and welfare of the occupants
of adjoining and surrounding property; shall not impair an adequate supply of
light and air to adjacent property; shall not unduly increase congestion in the
public streets; shall not increase public danger of fire and safety; and shall
not diminish or impair established property values in surrounding areas.
However, nothing in this subsection shall be interpreted as authorizing the
board to grant an exception to any separation requirement, or to grant an
exception to permit a structure more than 75 feet in height in any CDO capitol
dominance overlay district, such power being expressly denied the board. Any
exception to a separation requirement granted for a structure for which a
building permit has not been issued shall be null and void. In granting any
exception, the board may prescribe appropriate conditions and safeguards in
conformity with this chapter. The board of adjustment may permit:
g. Exceptions to the residency requirement in Section
134-772(15) regarding commercial uses in the R-HD District, where,
1. The business is operated by a person whose bona fide and primary residence is located within the R-HD District or within 1,320 feet of the business premises, and such person holds at least a 50% ownership interest in the business.
2. There is no outside operation, storage or display of materials or
products.
3. No alteration of the residential appearance of the premises shall
occur without a Certificate of Appropriateness from the Historic Preservation
Commission.
4. All outside activity related to the business must cease between the
hours of 10:00 p.m. to 7:00 a.m. Sunday through Thursday, and 11:00 p.m. to
7:00 a.m. on Friday and Saturday.
5. The business shall not cause the congregation of business employees
at the site or congestion in the availability of on-street parking.
6. Only one such business may be operated within the R-HD District by the residents of any dwelling.
7. The exception, if granted, shall be in effect only for so long as the business premises are owned and operated by the applicant and the applicant continues to satisfy the residency requirements of subparagraph 1, above.
8. Any such exception, if granted, shall be subject to reconsideration
by the board if at any time the zoning enforcement officer determines that the
conduct of the business has become detrimental to the neighborhood.
Sec. 2.
This ordinance shall be in full force and effect from and after its
passage and publication as provided by law.
FORM
APPROVED:
Roger
K. Brown, Assistant City Attorney
T.M. Franklin Cownie, Mayor
Attest:
I, Diane Rauh, City Clerk of the City of Des Moines, Iowa, hereby certify that the above and foregoing is a true copy of an ordinance (Roll Call No. 07- 2395), passed by the City Council of said City at a meeting held December 17, 2007 signed by the Mayor on December 17, 2007 and published as provided by law in the Business Record on December 31, 2007, Authorized by Publication Order No. 5891.
Diane Rauh, City Clerk