Commission recommends adopting state practical‑difficulties variance standard into city code

The Ames City Planning and Zoning Commission recommended that City Council amend the zoning code to incorporate the state’s new practical‑difficulties variance standard for numeric zoning requirements.

Staff said the change is required by state law and primarily serves to place the new standard in the municipal code and to apply the city’s notice requirements and administrative procedures; the state law itself does not reduce or increase notice requirements but embedding the standard locally applies Ames’ existing mailed notice and sign requirements. Staff explained that the practical‑difficulties standard applies to numeric rules (setbacks, height, lot coverage, signs), that financial hardship is not part of the standard for nonuse variances, and that the standard will focus on whether a property has unique physical characteristics and whether the condition is self‑created.

Staff cautioned the commission that the new standard will likely generate more variance requests because the financial‑hardship element is removed from many nonuse variance considerations; commissioners asked for examples and staff noted there is limited case law interpreting “self‑created” and “unique” and that Zoning Board of Adjustment decisions will set precedent locally.

A commissioner moved to recommend Alternative 1 to incorporate the practical‑difficulties variance standards into chapter 29 and related chapters; the motion was seconded and passed by voice vote. Staff said signs will also become eligible for variances under the new standard and urged adoption to align municipal code with state statute.