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,orseven, 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,anda 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