Ames 2304, LLC v. City of Ames, Zoning Board of Adjustment

The Supreme Court affirmed the decision of the court of appeals reversing the decision of the district court annulling a writ of certiorari challenging the decision of the City of Ames’s Zoning Board of Adjustment (ZBA) denying Ames 2304, LLC’s permit for an interior model of a nonconforming use residential structure, holding that the ZBA erred in denying Ames 2304’s interior remodeling permit because the remodel would not increase the number of dwelling units in the structure.The proposed remodel in this case would increase the number of bedrooms while maintaining the same number of apartment dwelling units. The ZBA determined that the local zoning ordinance prohibited this increase in the number of bedrooms because it would increase the intensity of the nonconforming use. The Supreme Court held that the ZBA erred in denying the interior remodeling permit because the zoning ordinance defined an “increase in intensity” as an increase in the number of dwelling units, and the remodel would not increase the number of dwelling units in the structure. View "Ames 2304, LLC v. City of Ames, Zoning Board of Adjustment" on Justia Law