HSB 627 (LSB 6108YC (1) 85)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON SCHULTZ)

A BILL FOR

An Act related to special exceptions and variances from city zoning regulations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 414.12, subsections 2 and 3, Code 2014, are amended to read as follows:
   2.  To hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinance, unless procedures to hear and decide special exceptions are otherwise provided by ordinance.
   3.  To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship practical difficulty, and so that the spirit of the ordinance shall be observed and substantial justice done.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to special exceptions and variances from city zoning regulations.
   Under current law, a city’s zoning board of adjustment is granted the power to hear and decide special exceptions to city zoning regulations. The bill provides that the board of adjustment is granted such powers unless procedures are otherwise provided by the city council by ordinance.
   Current law also allows the board of adjustment to authorize a variance from zoning regulations not contrary to the public interest if, based upon special conditions, literal enforcement of the provisions of the zoning regulations will result in unnecessary hardship. The bill allows the granting of a variance if literal enforcement of the provisions of the ordinance will result in practical difficulty, rather than unnecessary hardship.