House File 68

                                       HOUSE FILE       
                                       BY  WISE


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the authority of the county board of
  2    supervisors to approve or disapprove certain city zoning
  3    ordinances or regulations and providing for the Act's
  4    applicability.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 1972HH 80
  7 sc/sh/8

PAG LIN

  1  1    Section 1.  Section 331.303, Code 2003, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  8A.  Upon petition of twenty percent of
  1  4 the eligible electors residing in the area outside the city
  1  5 limits over which the zoning jurisdiction is extended, approve
  1  6 or disapprove pursuant to section 414.23 a city zoning
  1  7 ordinance or regulation or an amendment to such an ordinance
  1  8 or regulation affecting such area.
  1  9    Sec. 2.  Section 414.23, unnumbered paragraph 3, Code 2003,
  1 10 is amended to read as follows:
  1 11    Property owners affected by such zoning regulations shall
  1 12 have the same rights of hearing, protest, and appeal as those
  1 13 within the municipality exercising this power.  However, upon
  1 14 petition of twenty percent of the eligible electors residing
  1 15 in the area outside the city limits over which the zoning
  1 16 jurisdiction is extended, the city zoning ordinance or
  1 17 regulation, or amendment to such an ordinance or regulation,
  1 18 shall not take effect within such area unless the zoning
  1 19 ordinance or regulation, or the amendment to such an ordinance
  1 20 or regulation, is approved by the board of supervisors.  The
  1 21 petition shall be submitted to the county auditor.  The
  1 22 auditor shall notify the city of receipt of the petition.
  1 23    Sec. 3.  APPLICABILITY.  This Act applies to a city zoning
  1 24 ordinance or regulation or an amendment to a city ordinance or
  1 25 regulation affecting an unincorporated area of a county over
  1 26 which a city has extended its jurisdiction, which is adopted
  1 27 on or after the effective date of this Act.
  1 28                           EXPLANATION
  1 29    This bill provides that upon petition, in those counties
  1 30 where a city has extended its zoning authority two miles
  1 31 outside the city's boundaries, a city zoning ordinance or
  1 32 regulation or an amendment to such shall not take effect until
  1 33 the county board of supervisors has approved the ordinance or
  1 34 regulation or amendment.  The authority of the board to
  1 35 approve or disapprove the ordinance or regulation or amendment
  2  1 must be petitioned for by eligible electors residing in the
  2  2 unincorporated area of the county made subject to city zoning.
  2  3    The bill applies to a city zoning ordinance or regulation
  2  4 or to an amendment to a city zoning ordinance or regulation
  2  5 adopted on or after the effective date of the bill.
  2  6 LSB 1972HH 80
  2  7 sc/sh/8