House
File
652
-
Enrolled
House
File
652
AN
ACT
CONCERNING
COUNTY
AND
CITY
REGULATION
OF
REAL
PROPERTY
AND
THE
POWERS
GRANTED
TO
A
BOARD
OF
ADJUSTMENT.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
335.15,
Code
2025,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4.
To
authorize
on
appeal,
in
specific
cases,
such
variance
from
the
terms
of
the
ordinance
with
respect
to
the
area,
dimensional,
or
other
numerical
limitations
as
will
not
be
contrary
to
the
public
interest,
where
owing
to
special
conditions
a
literal
enforcement
of
the
provisions
of
the
ordinance
will
result
in
practical
difficulties
to
the
property
owner
in
making
a
beneficial
use
of
the
property
allowed
by
the
zoning
ordinance,
and
so
that
the
spirit
of
the
ordinance
shall
be
observed
and
substantial
justice
done.
Area,
dimensional,
or
other
numerical
limitations
subject
to
variances
include
but
are
not
limited
to
requirements
for
minimum
lot
size,
setbacks,
yard
widths,
height,
bulk,
sidewalks,
fencing,
signage,
and
off-street
parking.
To
receive
the
requested
area,
dimensional,
or
other
numerical
variance,
the
property
owner
must
prove
that
the
practical
difficulties
faced
are
unique
to
the
property
at
issue
and
not
self-created
and
must
also
demonstrate
that
granting
the
variance
will
not
significantly
alter
the
essential
character
of
the
surrounding
neighborhood.
House
File
652,
p.
2
Sec.
2.
Section
414.12,
Code
2025,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4.
To
authorize
on
appeal,
in
specific
cases,
such
variance
from
the
terms
of
the
ordinance
with
respect
to
the
area,
dimensional,
or
other
numerical
limitations
as
will
not
be
contrary
to
the
public
interest,
where
owing
to
special
conditions
a
literal
enforcement
of
the
provisions
of
the
ordinance
will
result
in
practical
difficulties
to
the
property
owner
in
making
a
beneficial
use
of
the
property
allowed
by
the
zoning
ordinance,
and
so
that
the
spirit
of
the
ordinance
shall
be
observed
and
substantial
justice
done.
Area,
dimensional,
or
other
numerical
limitations
subject
to
variances
include
but
are
not
limited
to
requirements
for
minimum
lot
size,
setbacks,
yard
widths,
height,
bulk,
sidewalks,
fencing,
signage,
and
off-street
parking.
To
receive
the
requested
area,
dimensional,
or
other
numerical
variance,
the
property
owner
must
prove
that
the
practical
difficulties
faced
are
unique
to
the
property
at
issue
and
not
self-created
and
must
also
demonstrate
that
granting
the
variance
will
not
significantly
alter
the
essential
character
of
the
surrounding
neighborhood.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
652,
Ninety-first
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2025
______________________________
KIM
REYNOLDS
Governor