Senate File 57 - Enrolled

PAG LIN

  1  1                                             SENATE FILE 57
  1  2
  1  3                             AN ACT
  1  4 AUTHORIZING THE APPOINTMENT OF A NINE=MEMBER CITY ZONING
  1  5    BOARD OF ADJUSTMENT.
  1  6
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8
  1  9    Section 1.  Section 414.8, Code 2005, is amended to read as
  1 10 follows:
  1 11    414.8  MEMBERSHIP.
  1 12    The board of adjustment shall consist of five, or seven, or
  1 13 nine members as determined by the council.  Members of a five=
  1 14 member board shall be appointed for a term of five years,
  1 15 excepting that when the board shall first be created one
  1 16 member shall be appointed for a term of five years, one for a
  1 17 term of four years, one for a term of three years, one for a
  1 18 term of two years, and one for a term of one year.  Members of
  1 19 a seven=member board shall be appointed for a term of five
  1 20 years, except when the board shall first be created two
  1 21 members shall be appointed for a term of five years, two
  1 22 members for a term of four years, one for a term of three
  1 23 years, one for a term of two years, and one for a one=year
  1 24 term.  Members of a nine=member board shall be appointed for a
  1 25 term of five years, except when the board shall first be
  1 26 created three members shall be appointed for a term of five
  1 27 years, two members for a term of four years, two for a term of
  1 28 three years, one for a term of two years, and one for a one=
  1 29 year term.  A five=member board shall not carry out its
  1 30 business without having three members present, and a seven=
  1 31 member board shall not carry out its business without having
  1 32 four members present, and a nine=member board shall not carry
  1 33 out its business without having five members present.  A
  1 34 majority of the members of the board of adjustment shall be
  1 35 persons representing the public at large and shall not be
  2  1 involved in the business of purchasing or selling real estate.
  2  2 Members shall be removable for cause by the appointing
  2  3 authority upon written charges and after public hearing.
  2  4 Vacancies shall be filled for the unexpired term of any member
  2  5 whose term becomes vacant.
  2  6    Sec. 2.  Section 414.14, Code 2005, is amended to read as
  2  7 follows:
  2  8    414.14  VOTE REQUIRED.
  2  9    The concurring vote of three members of the board in the
  2 10 case of a five=member board, and four members in the case of a
  2 11 seven=member board, and five members in the case of a nine=
  2 12 member board, shall be necessary to reverse any order,
  2 13 requirement, decision, or determination of any such
  2 14 administrative official, or to decide in favor of the
  2 15 applicant on any matter upon which it is required to pass
  2 16 under any such ordinance or to effect any variation in such
  2 17 ordinance.
  2 18    Sec. 3.  Section 414.25, Code 2005, is amended to read as
  2 19 follows:
  2 20    414.25  TRANSITIONAL PROVISIONS.
  2 21    Of the two additional members which may be appointed to
  2 22 increase a five=member board of adjustment to a seven=member
  2 23 board after January 1, 1980, one member shall be appointed to
  2 24 an initial term of five years and one member shall be
  2 25 appointed to an initial term of four years.  The terms of
  2 26 office of members of a board of adjustment serving unexpired
  2 27 terms of office on or after January 1, 1980, shall expire
  2 28 according to their original appointments.
  2 29    Sec. 4.  Section 414.25, Code 2005, is amended by adding
  2 30 the following new unnumbered paragraphs:
  2 31    NEW UNNUMBERED PARAGRAPH.  Of the four additional members
  2 32 which may be appointed to increase a five=member board of
  2 33 adjustment to a nine=member board on or after July 1, 2005,
  2 34 one member shall be appointed to an initial term of five
  2 35 years, one member to an initial term of four years, one to an
  3  1 initial term of three years, and one to an initial term of two
  3  2 years.  The terms of office of members of a board of
  3  3 adjustment serving unexpired terms of office on or after July
  3  4 1, 2005, shall expire according to their original
  3  5 appointments.
  3  6    NEW UNNUMBERED PARAGRAPH.  Of the two additional members
  3  7 which may be appointed to increase a seven=member board of
  3  8 adjustment to a nine=member board on or after July 1, 2005,
  3  9 one member shall be appointed to an initial term of five years
  3 10 and one member shall be appointed to an initial term of four
  3 11 years.  The terms of office of members of a board of
  3 12 adjustment serving unexpired terms of office on or after July
  3 13 1, 2005, shall expire according to their original
  3 14 appointments.
  3 15
  3 16
  3 17                                                             
  3 18                               JOHN P. KIBBIE
  3 19                               President of the Senate
  3 20
  3 21
  3 22                                                             
  3 23                               CHRISTOPHER C. RANTS
  3 24                               Speaker of the House
  3 25
  3 26    I hereby certify that this bill originated in the Senate and
  3 27 is known as Senate File 57, Eighty=first General Assembly.
  3 28
  3 29
  3 30                                                             
  3 31                               MICHAEL E. MARSHALL
  3 32                               Secretary of the Senate
  3 33 Approved                , 2005
  3 34
  3 35
  4  1                                
  4  2 THOMAS J. VILSACK
  4  3 Governor