Senate
File
2285
-
Enrolled
Senate
File
2285
AN
ACT
RELATING
TO
ZONING
BY
COUNTIES
AND
CITIES,
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
335.2A
Sale
of
consumer
fireworks
——
limitation.
A
county
shall
not
adopt
or
enforce
any
ordinance
under
this
chapter
to
regulate,
restrict,
or
prohibit
the
location
of
permanent
buildings
or
temporary
structures
used
for
the
sale
of
consumer
fireworks
pursuant
to
section
100.19,
in
any
location
zoned
for
commercial
or
industrial
purposes.
Sec.
2.
Section
414.1,
subsection
1,
Code
2022,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
f.
A
city
shall
not
adopt
or
enforce
any
regulation
or
restriction
under
this
chapter
to
regulate,
restrict,
or
prohibit
the
location
of
permanent
buildings
or
temporary
structures
used
for
the
sale
of
consumer
fireworks
pursuant
to
section
100.19,
in
any
location
zoned
for
commercial
or
industrial
purposes.
Sec.
3.
Section
414.23,
subsections
2
and
3,
Code
2022,
are
amended
to
read
as
follows:
2.
A
municipality,
during
the
time
its
zoning
jurisdiction
is
extended
under
this
section
,
shall
increase
the
size
of
its
planning
and
zoning
commission
and
its
board
of
adjustment
each
by
two
members.
The
planning
and
zoning
commission
shall
include
a
member
of
the
board
of
supervisors
of
the
affected
Senate
File
2285,
p.
2
county,
or
the
board’s
designee,
and
a
resident
of
the
area
outside
the
city
limits
over
which
the
zoning
jurisdiction
is
extended.
The
member
of
the
board
of
supervisors
or
the
board’s
designee,
if
any,
shall
also
be
a
resident
of
the
county
in
which
such
extended
area
is
located
outside
the
city
limits
over
which
the
zoning
jurisdiction
is
extended
.
The
additional
members
of
the
board
of
adjustment
shall
be
residents
of
the
area
outside
the
city
limits
over
which
the
zoning
jurisdiction
is
extended.
At
least
one
of
the
additional
members
of
the
planning
and
zoning
commission
and
at
least
one
of
the
additional
members
of
the
board
of
adjustment
shall
own
land
that
is
actively
used
for
an
agricultural
purpose
as
defined
in
section
570A.1,
except
when
such
requirement
prevents
the
identification
of
an
eligible
and
willing
appointee
for
the
planning
and
zoning
commission
or
board
of
adjustment
for
at
least
six
months
from
the
effective
date
of
the
extension
of
zoning
jurisdiction.
The
failure
to
identify
an
eligible
and
willing
appointee
who
owns
land
that
is
actively
used
for
an
agricultural
purpose
shall
be
determined
independently
for
the
planning
and
zoning
commission
and
the
board
of
adjustment.
The
county
supervisor,
or
the
board’s
designee,
and
the
residents
shall
be
appointed
by
the
board
of
supervisors
of
the
county
in
which
such
extended
area
is
located.
The
county
supervisor,
or
the
board’s
designee,
and
the
residents
shall
serve
for
the
same
terms
of
office
and
have
the
same
rights,
privileges,
and
duties
as
other
members
of
each
of
the
bodies.
However,
if
the
extended
zoning
jurisdiction
of
a
municipality
extends
into
an
adjacent
county
without
a
county
zoning
ordinance,
the
boards
of
supervisors
of
the
affected
counties,
jointly,
shall
appoint
one
of
their
members,
or
a
designee,
to
the
planning
and
zoning
commission.
3.
Property
owners
affected
by
such
zoning
regulations
pursuant
to
this
section
shall
have
the
same
rights
of
hearing,
protest,
and
appeal
as
those
property
owners
residing
within
the
municipality
exercising
this
power.
A
city
may
request,
but
shall
not
require,
from
a
property
owner
affected
by
zoning
regulations
pursuant
to
this
section
the
consent
to
annexation
under
chapter
368
as
a
condition
of
receiving
approval
for
a
zoning
classification,
special
or
conditional
use,
variance,
Senate
File
2285,
p.
3
permit,
or
division
of
land
into
two
or
more
tracts.
Sec.
4.
EFFECTIVE
DATE.
The
following,
being
deemed
of
immediate
importance,
take
effect
upon
enactment:
1.
The
section
of
this
Act
enacting
section
335.2A.
2.
The
section
of
this
Act
enacting
section
414.1,
subsection
1,
paragraph
“f”.
______________________________
JAKE
CHAPMAN
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2285,
Eighty-ninth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2022
______________________________
KIM
REYNOLDS
Governor