Des Moines passes new zoning code with promises of amendments

The Des Moines City Council on Wednesday gave final approval to the city's new zoning code, its first update since 1965.

But for more than four hours prior to the vote, the council already was working on amendments to the code based on concerns from homebuilders and others that its regulations would be too strict to allow for the construction of affordable housing in Iowa's capital city.

State law dictates that no substantive changes can be made to a new zoning code after the first public hearing on its passage, which was held Sept. 9.

But as the public hearing process unfolded, developers told the city that the code's size requirements and other design standards would make building too expensive. Moving non-conforming projects through the city approval process would also prove costly, they said.

The council is expected to approve amendments in the next few months that will address those issues. 

"We all know, what we're passing today, we need to fix some of these things," said Councilman Joe Gatto. "And that's what we're trying to do."

The new zoning code establishes minimum square-footage requirements, meaning all new homes built in Des Moines will have to measure at least 1,100 to 1,800 square feet, depending on location and the number of stories. The code also requires a single-car garage or a shed. City staff would be able to sign off on homes up to 18% smaller and have the authority to waive the garage requirement. 

Some builders of smaller homes, such as Habitat for Humanity and the Neighborhood Finance Corp., have repeatedly expressed concern that the new zoning code does not explicitly outline when city staff will allow projects outside of the minimum standards. Those criteria are part of the new amendments. 

Stephanie Preusch, executive director of Neighborhood Finance Corp., said some of the conditions will help give the nonprofit "more predictability moving forward" if her team can regularly meet with city staff to go over their projects and plans.

She said the biggest win is that the city has agreed to allow 50% of a finished basement to count toward the total square footage requirements. That amendment would allow Habitat for Humanity to build its typical 900 square-foot home, said Lance Henning, executive director of the Greater Des Moines Habitat for Humanity. 

"It's great," Preusch said. "They are trying."

Yet Neighborhood Finance Corp., which focuses on neighborhood revitalization, will still have to change its business model under the new code, Preusch said. It usually applies for grants to cover the cost of two of the 10 homes it builds or rehabilitates per year, then relies on the sale of those homes to fund the others.

The new zoning code requirements, including square footage, garages and building materials, will push the cost of building up $20,000 to $40,000 per home — even if the city grants variances, she said. So Neighborhood Finance Corp. will have to apply for grants to cover the costs of all the homes it builds each year.

The City Council on Wednesday also discussed proposed changes to the short-term rental provisions in the zoning code. The new code restricts homeowners from renting out their properties for more than 120 days a year unless they are also living on site. The home would need to be occupied for the remaining 245 days by either an owner or a longer-term tenant.

A proposed amendment would no longer require homeowners to be present during rentals, based on feedback from current Airbnb operators who say the new rules would be too restrictive and ruin their business. The council expects to receive the proposed changes in February or March. 

The council approved the zoning code on a 6-1 vote. Linda Westergaard was the lone dissenter. 

"It's disappointing we've worked on this three years and it takes us until today on the third passage for us to come together and engage" on the issues, she said. "There’s still all these things that have not been decided yet."

The new code goes into effect Dec. 16. 

Kim Norvell covers growth and development for the Register. Reach her at knorvell@dmreg.com or 515-284-8259.​​​​​​​