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House Amendment 8038

Amendment Text

PAG LIN
  1  1    Amend House File 2145 as follows:
  1  2    #1.  Page 1, by inserting before line 1, the
  1  3 following:
  1  4    "Sec. ___.  Section 335.7, Code 2003, is amended to
  1  5 read as follows:
  1  6    335.7  CHANGES – PROTEST.
  1  7    The regulations, restrictions, and boundaries may
  1  8 be amended, supplemented, changed, modified, or
  1  9 repealed.  Notwithstanding section 335.4, as a part of
  1 10 an ordinance changing land from one zoning district to
  1 11 another zoning district or an ordinance approving a
  1 12 site development plan, a board of supervisors may
  1 13 impose conditions on a property owner which are in
  1 14 addition to existing regulations if the additional
  1 15 conditions have been agreed to in writing by the
  1 16 property owner before the public hearing required
  1 17 under this section or any adjournment of the hearing.
  1 18 The conditions must be reasonable and imposed to
  1 19 satisfy public needs which are directly caused by the
  1 20 requested change.  In case, however, of a protest
  1 21 against the change signed by the owners of twenty
  1 22 percent or more either of the area included in the
  1 23 proposed change, or of the area immediately adjacent
  1 24 to the proposed change and within five hundred feet of
  1 25 the boundaries of the proposed change, the amendment
  1 26 shall not become effective except by the favorable
  1 27 vote of at least sixty percent of all of the members
  1 28 of the board of supervisors.  The provisions of
  1 29 section 335.6 relative to public hearings and official
  1 30 notice shall apply equally to all changes or
  1 31 amendments, supplements, changes, modifications, or
  1 32 repeals of regulations, restrictions, and boundaries.
  1 33 In addition, notice of such amendments, supplements,
  1 34 changes, modifications, or repeals shall be sent by
  1 35 regular mail to all owners of property located in the
  1 36 area, or adjacent to the area, to which the
  1 37 amendments, supplements, changes, modifications, or
  1 38 repeals apply.
  1 39    Sec. ___.  Section 414.5, Code 2003, is amended to
  1 40 read as follows:
  1 41    414.5  CHANGES – PROTEST.
  1 42    The regulations, restrictions, and boundaries may,
  1 43 from time to time, be amended, supplemented, changed,
  1 44 modified, or repealed.  Notwithstanding section 414.2,
  1 45 as a part of an ordinance changing land from one
  1 46 zoning district to another zoning district or an
  1 47 ordinance approving a site development plan, a council
  1 48 may impose conditions on a property owner which are in
  1 49 addition to existing regulations if the additional
  1 50 conditions have been agreed to in writing by the
  2  1 property owner before the public hearing required
  2  2 under this section or any adjournment of the hearing.
  2  3 The conditions must be reasonable and imposed to
  2  4 satisfy public needs which are directly caused by the
  2  5 requested change.  In case, however, of a written
  2  6 protest against a change or repeal which is filed with
  2  7 the city clerk and signed by the owners of twenty
  2  8 percent or more of the area of the lots included in
  2  9 the proposed change or repeal, or by the owners of
  2 10 twenty percent or more of the property which is
  2 11 located within two hundred feet of the exterior
  2 12 boundaries of the property for which the change or
  2 13 repeal is proposed, the change or repeal shall not
  2 14 become effective except by the favorable vote of at
  2 15 least three-fourths of all the members of the council.
  2 16 The protest, if filed, must be filed before or at the
  2 17 public hearing.  The provisions of section 414.4
  2 18 relative to public hearings and official notice apply
  2 19 equally to all changes or amendments, supplements,
  2 20 changes, modifications, or repeals of regulations,
  2 21 restrictions, and boundaries.  In addition, notice of
  2 22 such amendments, supplements, changes, modifications,
  2 23 or repeals shall be sent by regular mail to all owners
  2 24 of property located in the area, or adjacent to the
  2 25 area, to which the amendments, supplements, changes,
  2 26 modifications, or repeals apply."
  2 27    #2.  Title page, line 1, by inserting after the
  2 28 words "relating to" the following:  "city and county
  2 29 zoning, including requiring notice to property owners
  2 30 and providing for".
  2 31    #3.  By renumbering as necessary.  
  2 32 
  2 33 
  2 34                               
  2 35 FALLON of Polk
  2 36 HF 2145.501 80
  2 37 sc/pj
     

Text: H08037                            Text: H08039
Text: H08000 - H08099                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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