House
File
2512
-
Enrolled
House
File
2512
AN
ACT
RELATING
TO
COUNTY
ZONING
PROCEDURES,
AND
INCLUDING
EFFECTIVE
DATE
AND
APPLICABILITY
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
335.2,
Code
2020,
is
amended
by
adding
the
following
new
unnumbered
paragraphs:
NEW
UNNUMBERED
PARAGRAPH
.
A
county
shall
not
require
an
application,
an
approval,
or
the
payment
of
a
fee
in
order
for
an
ordinance
to
be
deemed
inapplicable
to
land,
farm
barns,
farm
outbuildings,
or
other
buildings
or
structures
that
are
primarily
adapted
for
use
for
agricultural
purposes
under
this
section.
NEW
UNNUMBERED
PARAGRAPH
.
Land,
farm
houses,
farm
barns,
farm
outbuildings,
or
other
buildings
or
structures
may
qualify
under
this
section
independently
or
in
combination
with
other
agricultural
uses.
Land
enrolled
in
a
soil
or
water
conservation
program
shall
be
considered
land
primarily
adapted
for
use
for
agricultural
purposes
under
this
section.
Sec.
2.
Section
335.5,
subsection
4,
Code
2020,
is
amended
to
read
as
follows:
4.
a.
A
comprehensive
plan
recommended
for
adoption
or
amendment
by
the
zoning
commission
established
under
section
335.8
,
may
be
adopted
by
the
board
of
supervisors.
The
board
of
supervisors
shall
not
hold
a
public
hearing
or
take
action
on
the
recommendation
until
it
has
received
the
zoning
commission’s
final
report
containing
the
recommendation.
House
File
2512,
p.
2
b.
Before
taking
action
on
the
recommendation,
the
board
of
supervisors
shall
hold
a
public
hearing
at
which
parties
in
interest
and
citizens
shall
have
an
opportunity
to
be
heard.
Notice
of
the
time
and
place
of
the
hearing
shall
be
published
as
provided
in
section
331.305.
c.
The
board
of
supervisors
may
amend
a
proposed
comprehensive
plan
or
amendment
prior
to
adoption.
The
board
of
supervisors
shall
publish
notice
of
the
meeting
at
which
the
comprehensive
plan
or
amendment
will
be
considered
for
adoption.
The
notice
shall
be
published
as
provided
in
section
331.305
.
b.
d.
Following
its
adoption,
copies
of
the
comprehensive
plan
or
amended
plan
shall
be
sent
or
made
available
to
neighboring
counties,
cities
within
the
county,
the
council
of
governments
or
regional
planning
commission
where
the
county
is
located,
and
public
libraries
within
the
county.
c.
Following
its
adoption,
a
comprehensive
plan
may
be
amended
by
the
board
of
supervisors
at
any
time.
Sec.
3.
Section
335.8,
subsection
1,
Code
2020,
is
amended
to
read
as
follows:
1.
In
order
to
avail
itself
of
the
powers
conferred
by
this
chapter
,
the
board
of
supervisors
shall
appoint
a
commission
,
a
majority
of
whose
members
shall
reside
within
the
county
but
outside
the
corporate
limits
of
any
city,
consisting
of
eligible
electors,
as
defined
in
section
39.3,
who
reside
within
the
area
regulated
by
the
county
zoning
ordinance,
to
be
known
as
the
county
zoning
commission
,
to
.
The
commission
may
recommend
the
boundaries
of
the
various
original
districts
and
appropriate
regulations
and
restrictions
to
be
enforced
therein
in
the
districts
.
Such
The
commission
shall,
with
due
diligence,
prepare
a
preliminary
report
and
hold
public
hearings
thereon
on
the
preliminary
report
before
submitting
its
the
commission’s
final
report
;
and
the
.
The
board
of
supervisors
shall
not
hold
its
public
hearings
or
take
action
until
it
has
received
the
final
report
of
such
the
commission.
After
the
adoption
of
such
the
regulations,
restrictions,
and
boundaries
of
districts,
the
zoning
commission
may,
from
time
to
time,
recommend
to
the
board
of
supervisors
amendments,
supplements,
changes
,
or
modifications.
The
commission’s
House
File
2512,
p.
3
report
and
any
recommendations
may
include
a
proposed
ordinance
or
amendments
to
an
ordinance.
Sec.
4.
Section
335.11,
Code
2020,
is
amended
to
read
as
follows:
335.11
Membership
of
board.
The
board
of
adjustment
shall
consist
of
five
members
,
a
majority
of
whom
shall
reside
within
the
county
but
outside
the
corporate
limits
of
any
city
who
are
eligible
electors,
as
defined
in
section
39.3,
and
who
reside
within
the
area
regulated
by
the
county
zoning
ordinance
,
each
to
be
appointed
for
a
term
of
five
years,
excepting
that
when
the
board
shall
first
be
created
one
member
shall
be
appointed
for
a
term
of
five
years,
one
for
a
term
of
four
years,
one
for
a
term
of
three
years,
one
for
a
term
of
two
years,
and
one
for
a
term
of
one
year.
Members
shall
be
removable
for
cause
by
the
appointing
authority
upon
written
charges
and
after
public
hearing.
Vacancies
shall
be
filled
for
the
unexpired
term
of
any
member
whose
term
becomes
vacant.
Sec.
5.
CODE
EDITOR
DIRECTIVE.
The
Code
editor
may
number
unnumbered
paragraphs
within
section
335.2,
as
amended
in
this
Act,
in
accordance
with
established
section
hierarchy
and
correct
internal
references
in
the
Code
and
in
any
enacted
Iowa
Acts,
as
necessary.
Sec.
6.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Sec.
7.
APPLICABILITY.
The
following
applies
to
comprehensive
plans
and
amendments
to
comprehensive
plans
proposed
or
adopted
on
or
after
July
1,
2020:
The
section
of
this
Act
amending
section
335.5,
subsection
4.
Sec.
8.
APPLICABILITY.
1.
The
following
apply
on
and
after
the
effective
date
of
this
Act
to
members
of
county
zoning
commissions
and
county
boards
of
adjustment
holding
office
on
or
after
that
date:
a.
The
section
of
this
Act
amending
section
335.8,
subsection
1.
b.
The
section
of
this
Act
amending
section
335.11.
2.
If
a
current
member
of
a
county
zoning
commission
or
county
board
of
adjustment
does
not
meet
the
eligibility
House
File
2512,
p.
4
requirements
provided
in
this
Act,
the
position
of
the
member
shall
be
deemed
vacant
as
provided
in
section
69.2,
and
the
county
board
of
supervisors
shall
appoint
a
successor
member
who
meets
the
eligibility
requirements
provided
in
this
Act
within
one
year
of
the
effective
date
of
this
Act.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2512,
Eighty-eighth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2020
______________________________
KIM
REYNOLDS
Governor