SF 2277 (LSB 5194XS (13) 83)

SENATE FILE 2277

BY  WARNSTADT

A BILL FOR

An Act requiring notice to the adjutant general of the state for city and county zoning actions affecting property near Camp Dodge.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 329.9, Code 2009, is amended to read as follows:
   329.9  Procedure for adopting zoning regulations —— zoning commission.

   In adopting, amending, and repealing airport zoning regulations under this chapter the governing body of a city shall follow the procedure in sections 414.4, 414.4A, and 414.6 and the board of supervisors of a county shall follow the procedure in sections 335.6, 335.6A, and 335.8. The commission so appointed shall be known as the airport zoning commission. The airport zoning commission shall consist of two members from each municipality selected by the governing body and one additional member to act as chairperson and to be selected by a majority vote of the members selected by the municipality. The terms of the members of the airport zoning commission shall be for six years excepting that when the board is first created, one of the members appointed by each municipality shall be appointed for a term of two years and one for a term of four years. Members may be removed for cause by the appointing authority upon written charges after public hearing. Vacancies shall be filled for the unexpired term of any member whose office becomes vacant in the same manner in which the member was selected.
    Sec. 2.  NEW SECTION.  335.6A  Required notice to Camp Dodge.
   1.  Prior to the adoption or amendment of an ordinance, regulation, or restriction that affects property located within one-half mile of the real property comprising Camp Dodge or prior to any action relating to the granting of a variance from an ordinance, regulation, or restriction that affects property located within one-half mile of the real property comprising Camp Dodge, the county shall provide notice to the adjutant general of the state.
   2.  Notice required under this section shall include all information required to be provided in a notice under section 335.6 and any other information that is relevant to the operation or security of Camp Dodge.
   3.  Notice required under this section shall be provided within the time period required by section 331.305.
   4.  Notice required under this section shall be in addition to any notice required under section 335.6.
    Sec. 3.  NEW SECTION.  414.4A  Required notice to Camp Dodge.
   1.  Prior to the adoption or amendment of an ordinance, regulation, or restriction that affects property located within one-half mile of the real property comprising Camp Dodge or prior to any action relating to the granting of a variance from an ordinance, regulation, or restriction that affects property located within one-half mile of the real property comprising Camp Dodge, the city shall provide notice to the adjutant general of the state.
   2.  Notice required under this section shall include all information required to be provided in a notice under section 414.4 and any other information that is relevant to the operation or security of Camp Dodge.
   3.  Notice required under this section shall be provided within the time period required by section 362.3.
   4.  Notice required under this section shall be in addition to any notice required under section 414.4.
EXPLANATION
   This bill requires a city or county, as applicable, prior to the adoption of, amendment of, or variance from, a zoning ordinance, regulation, or restriction that affects property located within one-half mile of the real property comprising Camp Dodge, to provide notice to the adjutant general of the state. The notice is required to include the same information required to be published in other public notices related to zoning and include any other information that is relevant to the operation or security of Camp Dodge. The notice must be provided not less than four and not more than 20 days before the date of the zoning action.