Senate
File
2047
-
Introduced
SENATE
FILE
2047
BY
ERNST
A
BILL
FOR
An
Act
relating
to
membership
qualifications
for
city
1
commissions
for
areas
of
historical
significance.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5071XS
(2)
84
aw/sc
S.F.
2047
Section
1.
Section
303.34,
subsection
3,
Code
2011,
is
1
amended
to
read
as
follows:
2
3.
A
city
may
provide
by
ordinance
for
the
establishment
of
3
a
commission
to
deal
with
matters
involving
areas
of
historical
4
significance
but
shall
provide
by
ordinance
for
such
commission
5
upon
the
enactment
of
the
ordinance
designating
an
area
as
6
an
area
of
historical
significance
as
required
in
subsection
7
4
.
Upon
the
establishment
of
the
commission
the
city
shall
8
provide
by
ordinance
for
the
method
of
appointment,
the
number,
9
and
terms,
of
members
of
the
commission
and
for
the
duties
10
and
powers
of
the
commission.
The
commission
shall
contain
11
not
less
than
three
members.
The
members
of
the
commission
12
shall
be
appointed
with
due
regard
to
proper
representation
of
13
residents
and
property
owners
of
the
city
and
their
relevant
14
fields
of
knowledge
including
but
not
limited
to
history,
15
urban
planning,
architecture,
archaeology,
law,
and
sociology.
16
At
least
one
resident
of
each
designated
area
of
historical
17
significance
shall
be
appointed
to
the
commission.
One
member
18
of
the
commission
may
be
appointed
who
is
not
a
resident
19
or
property
owner
of
the
city
if
that
member
meets
certain
20
professional
qualification
standards
which
shall
be
defined
by
21
rule
of
the
department.
Cities
with
a
population
of
more
than
22
fifty
thousand
shall
not
appoint
more
than
one-third
of
the
23
members
to
the
commission
of
an
area
of
historical
significance
24
that
are
members
of
a
city
zoning
commission
appointed
pursuant
25
to
chapter
414
.
The
commission
shall
have
the
power
to
approve
26
or
deny
applications
for
proposed
alterations
to
exterior
27
features
within
an
area
designated
as
an
area
of
historical
28
significance.
An
aggrieved
party
may
appeal
the
commission’s
29
action
to
the
governing
body
of
the
city.
If
not
satisfied
by
30
the
decision
of
the
governing
body,
the
party
may
appeal
within
31
sixty
days
of
the
governing
body’s
decision
to
the
district
32
court
for
the
county
in
which
the
designated
area
is
located.
33
On
appeal
the
governing
body
or
the
district
court
as
the
case
34
may
be
shall
consider
whether
the
commission
has
exercised
its
35
-1-
LSB
5071XS
(2)
84
aw/sc
1/
2
S.F.
2047
powers
and
followed
the
guidelines
established
by
the
law
and
1
ordinance,
and
whether
the
commission’s
action
was
patently
2
arbitrary
or
capricious.
3
EXPLANATION
4
This
bill
allows
for
a
city
with
a
commission
for
areas
of
5
historical
significance
to
appoint
one
member
to
the
commission
6
who
is
not
a
city
resident
or
property
owner
if
that
member
7
meets
certain
professional
qualification
standards.
The
bill
8
provides
that
the
professional
qualification
standards
shall
be
9
defined
by
rule
of
the
department
of
cultural
affairs.
10
-2-
LSB
5071XS
(2)
84
aw/sc
2/
2