Senate
File
2378
-
Enrolled
Senate
File
2378
AN
ACT
RELATING
TO
THE
ABILITY
OF
PROPERTY
OWNERS
TO
PROTEST
PROPOSED
CHANGES
IN
ZONING
DISTRICTS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
414.4,
Code
2026,
is
amended
to
read
as
follows:
414.4
Zoning
regulations,
district
boundaries,
amendments.
1.
The
council
of
the
city
shall
provide
for
the
manner
in
which
the
regulations
and
restrictions
and
the
boundaries
of
the
districts
shall
be
determined,
established,
and
enforced,
and
from
time
to
time
amended,
supplemented,
or
changed
,
modified,
or
repealed
.
However,
the
regulation,
restriction,
or
boundary
shall
not
become
effective
until
after
a
public
Senate
File
2378,
p.
2
hearing
at
which
parties
in
interest
and
citizens
shall
have
an
opportunity
to
be
heard.
The
notice
of
the
time
and
place
of
the
hearing
shall
be
published
as
provided
in
section
362.3
.
2.
Notwithstanding
section
414.2,
as
part
of
an
ordinance
changing
land
from
one
zoning
district
to
another
zoning
district
or
an
ordinance
approving
a
site
development
plan,
a
council
may
impose
conditions
on
a
property
owner
that
are
in
addition
to
existing
regulations
if
the
additional
conditions
have
been
agreed
to
in
writing
by
the
property
owner
before
the
public
hearing
required
under
this
section
or
adjournment
of
the
hearing.
The
conditions
must
be
reasonable
and
imposed
to
satisfy
public
needs
that
are
directly
caused
by
the
requested
change.
Sec.
2.
Section
414.7,
subsection
2,
Code
2026,
is
amended
to
read
as
follows:
2.
The
council
may
provide
for
review
of
variances
granted
by
the
board
of
adjustment
by
the
council
before
the
effective
date
of
the
variances.
Any
individual
affected
by
the
variance
may
appeal
the
decision
of
the
board
of
adjustment
to
the
city
council
within
sixty
days
and
the
effective
date
of
the
variance
shall
be
stayed
until
after
the
council
has
reviewed
the
appeal.
The
council
may
remand
a
decision
to
grant
a
variance
to
the
board
of
adjustment
for
further
study.
The
effective
date
of
the
variance
is
delayed
for
thirty
days
from
the
date
of
the
remand.
The
city
council
may
also
overturn
the
decision
of
the
board
of
adjustment
by
a
vote
of
at
least
two-thirds
of
all
members
of
the
council,
regardless
of
whether
an
appeal
has
been
brought.
Sec.
3.
Section
657.9,
subsection
1,
Code
2026,
is
amended
to
read
as
follows:
1.
Before
a
person
improves
property
acquired
to
establish,
use,
and
maintain
a
shooting
range
by
the
erection
of
buildings,
breastworks,
ramparts,
or
other
works
or
before
a
person
substantially
changes
the
existing
use
of
a
shooting
range,
the
person
shall
obtain
approval
of
the
county
zoning
commission
or
the
city
zoning
commission,
whichever
is
appropriate.
The
appropriate
commission
shall
comply
with
section
335.8
or
414.6
.
In
the
event
a
county
or
city
does
not
have
a
zoning
commission,
the
county
board
of
supervisors
Senate
File
2378,
p.
3
or
the
city
council
shall
comply
with
section
335.6
or
414.5
before
granting
the
approval.
Sec.
4.
REPEAL.
Section
414.5,
Code
2026,
is
repealed.
______________________________
AMY
SINCLAIR
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
2378,
Ninety-first
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2026
______________________________
KIM
REYNOLDS
Governor