House File 2512 - Introduced HOUSE FILE 2512 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 632) (COMPANION TO SF 2264 BY COMMITTEE ON LOCAL GOVERNMENT) A BILL FOR An Act relating to county zoning procedures, and including 1 effective date and applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5723HV (1) 88 js/ns
H.F. 2512 Section 1. Section 335.2, Code 2020, is amended by adding 1 the following new unnumbered paragraphs: 2 NEW UNNUMBERED PARAGRAPH . A county shall not require an 3 application, an approval, or the payment of a fee in order for 4 an ordinance to be deemed inapplicable to land, farm barns, 5 farm outbuildings, or other buildings or structures that are 6 primarily adapted for use for agricultural purposes under this 7 section. 8 NEW UNNUMBERED PARAGRAPH . Land, farm houses, farm barns, 9 farm outbuildings, or other buildings or structures may 10 qualify under this section independently or in combination with 11 other agricultural uses. Land enrolled in a soil or water 12 conservation program shall be considered land primarily adapted 13 for use for agricultural purposes under this section. 14 Sec. 2. Section 335.5, subsection 4, Code 2020, is amended 15 to read as follows: 16 4. a. A comprehensive plan recommended for adoption or 17 amendment by the zoning commission established under section 18 335.8 , may be adopted by the board of supervisors. The 19 board of supervisors shall not hold a public hearing or take 20 action on the recommendation until it has received the zoning 21 commission’s final report containing the recommendation. 22 b. Before taking action on the recommendation, the board 23 of supervisors shall hold a public hearing at which parties in 24 interest and citizens shall have an opportunity to be heard. 25 Notice of the time and place of the hearing shall be published 26 as provided in section 331.305. 27 c. The board of supervisors may amend a proposed 28 comprehensive plan or amendment prior to adoption. The board 29 of supervisors shall publish notice of the meeting at which 30 the comprehensive plan or amendment will be considered for 31 adoption. The notice shall be published as provided in section 32 331.305 . 33 b. d. Following its adoption, copies of the comprehensive 34 plan or amended plan shall be sent or made available to 35 -1- LSB 5723HV (1) 88 js/ns 1/ 5
H.F. 2512 neighboring counties, cities within the county, the council of 1 governments or regional planning commission where the county is 2 located, and public libraries within the county. 3 c. Following its adoption, a comprehensive plan may be 4 amended by the board of supervisors at any time. 5 Sec. 3. Section 335.8, subsection 1, Code 2020, is amended 6 to read as follows: 7 1. In order to avail itself of the powers conferred by this 8 chapter , the board of supervisors shall appoint a commission , 9 a majority of whose members shall reside within the county 10 but outside the corporate limits of any city, consisting of 11 eligible electors, as defined in section 39.3, who reside 12 within the area regulated by the county zoning ordinance, to 13 be known as the county zoning commission , to . The commission 14 may recommend the boundaries of the various original districts 15 and appropriate regulations and restrictions to be enforced 16 therein in the districts . Such The commission shall, with 17 due diligence, prepare a preliminary report and hold public 18 hearings thereon on the preliminary report before submitting 19 its the commission’s final report ; and the . The board of 20 supervisors shall not hold its public hearings or take action 21 until it has received the final report of such the commission. 22 After the adoption of such the regulations, restrictions, and 23 boundaries of districts, the zoning commission may, from time 24 to time, recommend to the board of supervisors amendments, 25 supplements, changes , or modifications. The commission’s 26 report and any recommendations may include a proposed ordinance 27 or amendments to an ordinance. 28 Sec. 4. Section 335.11, Code 2020, is amended to read as 29 follows: 30 335.11 Membership of board. 31 The board of adjustment shall consist of five members , a 32 majority of whom shall reside within the county but outside 33 the corporate limits of any city who are eligible electors, 34 as defined in section 39.3, and who reside within the area 35 -2- LSB 5723HV (1) 88 js/ns 2/ 5
H.F. 2512 regulated by the county zoning ordinance , each to be appointed 1 for a term of five years, excepting that when the board shall 2 first be created one member shall be appointed for a term of 3 five years, one for a term of four years, one for a term of 4 three years, one for a term of two years, and one for a term 5 of one year. Members shall be removable for cause by the 6 appointing authority upon written charges and after public 7 hearing. Vacancies shall be filled for the unexpired term of 8 any member whose term becomes vacant. 9 Sec. 5. CODE EDITOR DIRECTIVE. The Code editor may number 10 unnumbered paragraphs within section 335.2, as amended in this 11 Act, in accordance with established section hierarchy and 12 correct internal references in the Code and in any enacted Iowa 13 Acts, as necessary. 14 Sec. 6. EFFECTIVE DATE. This Act, being deemed of immediate 15 importance, takes effect upon enactment. 16 Sec. 7. APPLICABILITY. The following applies to 17 comprehensive plans and amendments to comprehensive plans 18 proposed or adopted on or after July 1, 2020: 19 The section of this Act amending section 335.5, subsection 20 4. 21 Sec. 8. APPLICABILITY. 22 1. The following apply on and after the effective date of 23 this Act to members of county zoning commissions and county 24 boards of adjustment holding office on or after that date: 25 a. The section of this Act amending section 335.8, 26 subsection 1. 27 b. The section of this Act amending section 335.11. 28 2. If a current member of a county zoning commission or 29 county board of adjustment does not meet the eligibility 30 requirements provided in this Act, the position of the member 31 shall be deemed vacant as provided in section 69.2, and the 32 county board of supervisors shall appoint a successor member 33 who meets the eligibility requirements provided in this Act 34 within one year of the effective date of this Act. 35 -3- LSB 5723HV (1) 88 js/ns 3/ 5
H.F. 2512 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill relates to the applicability of county zoning 4 ordinances, the zoning duties of county boards of supervisors, 5 and the membership of county zoning commissions and county 6 boards of adjustment. 7 Current law exempts certain buildings and structures used 8 for agricultural purposes from county zoning ordinances. 9 The bill prohibits a county from requiring an application, 10 approval, or payment of a fee for the exemption to apply to 11 land, farm barns, farm outbuildings, or other buildings or 12 structures that are primarily adopted for use for agricultural 13 purposes. Under the bill, agricultural land, buildings, and 14 structures can qualify for the exemption independently or in 15 combination with other agricultural uses. The bill specifies 16 that land enrolled in a soil or water conservation program 17 qualifies for the agricultural exemption. 18 Current law allows a county board of supervisors to amend 19 a comprehensive plan at any time. The bill strikes this 20 provision and requires county boards of supervisors to follow 21 the same procedures to adopt amendments to a comprehensive plan 22 that they would for adopting the comprehensive plan. The bill 23 prohibits a county board of supervisors from holding a public 24 hearing or otherwise acting on a recommendation proposed by the 25 county zoning commission until the county zoning commission 26 provides a final report with its recommendation. The bill 27 requires the county board of supervisors to hold a public 28 hearing before adopting a comprehensive plan. This provision 29 of the bill applies to comprehensive plans and amendments to 30 comprehensive plans proposed or adopted on or after July 1, 31 2020. 32 Current law requires only a majority of members of a 33 given county zoning commission or county board of adjustment 34 to reside in the county outside of the corporate limits of 35 -4- LSB 5723HV (1) 88 js/ns 4/ 5
H.F. 2512 any city. The bill instead requires a member of the zoning 1 commission or board of adjustment to be an eligible elector, 2 as defined in Code section 39.3, and to reside in the area that 3 the county zoning ordinance regulates. These provisions of 4 the bill apply to members of zoning commissions and boards of 5 adjustment on and after the effective date of the bill. If 6 a person currently serving on a zoning commission or board 7 of adjustment is no longer eligible to hold that position 8 due to the new eligibility requirements of the bill, that 9 position shall be deemed vacant and the county board of 10 supervisors shall have up to one year from the enactment of 11 the bill to appoint a new member who meets the new eligibility 12 requirements. 13 The bill takes effect upon enactment. 14 -5- LSB 5723HV (1) 88 js/ns 5/ 5