Senate File 25 - Introduced
SENATE FILE
BY WARNSTADT and WIECK
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act authorizing the appointment of a nine=member city zoning
2 board of adjustment.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1136XS 81
5 sc/pj/5
PAG LIN
1 1 Section 1. Section 414.8, Code 2005, is amended to read as
1 2 follows:
1 3 414.8 MEMBERSHIP.
1 4 The board of adjustment shall consist of five, or seven, or
1 5 nine members as determined by the council. Members of a five=
1 6 member board shall be appointed for a term of five years,
1 7 excepting that when the board shall first be created one
1 8 member shall be appointed for a term of five years, one for a
1 9 term of four years, one for a term of three years, one for a
1 10 term of two years, and one for a term of one year. Members of
1 11 a seven=member board shall be appointed for a term of five
1 12 years, except when the board shall first be created two
1 13 members shall be appointed for a term of five years, two
1 14 members for a term of four years, one for a term of three
1 15 years, one for a term of two years, and one for a one=year
1 16 term. Members of a nine=member board shall be appointed for a
1 17 term of five years, except when the board shall first be
1 18 created three members shall be appointed for a term of five
1 19 years, two members for a term of four years, two for a term of
1 20 three years, one for a term of two years, and one for a one=
1 21 year term. A five=member board shall not carry out its
1 22 business without having three members present, and a seven=
1 23 member board shall not carry out its business without having
1 24 four members present, and a nine=member board shall not carry
1 25 out its business without having five members present. A
1 26 majority of the members of the board of adjustment shall be
1 27 persons representing the public at large and shall not be
1 28 involved in the business of purchasing or selling real estate.
1 29 Members shall be removable for cause by the appointing
1 30 authority upon written charges and after public hearing.
1 31 Vacancies shall be filled for the unexpired term of any member
1 32 whose term becomes vacant.
1 33 Sec. 2. Section 414.14, Code 2005, is amended to read as
1 34 follows:
1 35 414.14 VOTE REQUIRED.
2 1 The concurring vote of three members of the board in the
2 2 case of a five=member board, and four members in the case of a
2 3 seven=member board, and five members in the case of a nine=
2 4 member board, shall be necessary to reverse any order,
2 5 requirement, decision, or determination of any such
2 6 administrative official, or to decide in favor of the
2 7 applicant on any matter upon which it is required to pass
2 8 under any such ordinance or to effect any variation in such
2 9 ordinance.
2 10 Sec. 3. Section 414.25, Code 2005, is amended by adding
2 11 the following new unnumbered paragraphs:
2 12 NEW UNNUMBERED PARAGRAPH. Of the four additional members
2 13 which may be appointed to increase a five=member board of
2 14 adjustment to a nine=member board on or after July 1, 2005,
2 15 one member shall be appointed to an initial term of five
2 16 years, one member to an initial term of four years, one to an
2 17 initial term of three years, and one to an initial term of two
2 18 years. The terms of office of members of a board of
2 19 adjustment serving unexpired terms of office on July 1, 2005,
2 20 shall expire according to their original appointments.
2 21 NEW UNNUMBERED PARAGRAPH. Of the two additional members
2 22 which may be appointed to increase a seven=member board of
2 23 adjustment to a nine=member board on or after July 1, 2005,
2 24 one member shall be appointed to an initial term of five years
2 25 and one member shall be appointed to an initial term of four
2 26 years. The terms of office of members of a board of
2 27 adjustment serving unexpired terms of office on July 1, 2005,
2 28 shall expire according to their original appointments.
2 29 EXPLANATION
2 30 This bill allows a city council to appoint a nine=member
2 31 city zoning board of adjustment. Current law allows a five=
2 32 member or seven=member city zoning board of adjustment. The
2 33 bill makes corresponding changes to staggering of initial
2 34 terms, vote requirements, and staggering of terms when
2 35 membership on an existing board of adjustment is increased
3 1 from five to nine members or from seven to nine members.
3 2 LSB 1136XS 81
3 3 sc/pj/5