House
File
298
-
Introduced
HOUSE
FILE
298
BY
BUSH
A
BILL
FOR
An
Act
relating
to
the
authority
of
a
county
to
adopt
set-back
1
requirements.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
335.2,
subsection
1,
Code
2021,
is
1
amended
to
read
as
follows:
2
1.
Except
to
the
extent
required
to
implement
section
3
335.27
or
as
provided
in
section
335.3,
subsection
1,
paragraph
4
“b”
,
no
ordinance
adopted
under
this
chapter
applies
to
5
land,
farm
houses,
farm
barns,
farm
outbuildings,
or
other
6
buildings
or
structures
that
are
primarily
adapted,
by
reason
7
of
nature
and
area,
for
use
for
agricultural
purposes,
while
8
so
used.
However,
the
ordinances
may
apply
to
any
structure,
9
building,
dam,
obstruction,
deposit,
or
excavation
in
or
on
the
10
floodplains
of
any
river
or
stream.
11
Sec.
2.
Section
335.3,
subsection
1,
Code
2021,
is
amended
12
to
read
as
follows:
13
1.
a.
Subject
to
section
335.2
,
the
board
of
supervisors
14
may
by
ordinance
regulate
and
restrict
the
height,
number
of
15
structures,
and
size
of
buildings
and
other
structures,
the
16
percentage
of
lot
that
may
be
occupied,
the
size
of
yards,
17
courts,
and
other
open
spaces,
the
density
of
population,
18
and
the
location
and
use
of
buildings,
structures,
and
land
19
for
trade,
industry,
residence,
or
other
purposes,
and
may
20
regulate,
restrict,
and
prohibit
the
use
for
residential
21
purposes
of
tents,
trailers,
and
portable
or
potentially
22
portable
structures.
However,
such
powers
shall
be
exercised
23
only
with
reference
to
land
and
structures
located
within
the
24
county
but
lying
outside
of
the
corporate
limits
of
any
city.
25
b.
Pursuant
to
paragraph
“a”
,
the
board
of
supervisors
may
26
adopt
an
ordinance
that
establishes
a
building
or
structure
27
set-back
requirement
of
up
to
seventy-five
feet
from
a
public
28
right-of-way
regardless
of
the
use
of
any
affected
property.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
relates
to
the
authority
of
a
county
to
adopt
33
set-back
requirements.
34
Under
current
law,
a
county
board
of
supervisors
may
by
35
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ordinance
regulate
certain
physical
characteristics
of
property
1
located
in
the
county
but
outside
the
corporate
limits
of
a
2
city.
Such
an
ordinance
does
not
apply
to
land,
farm
houses,
3
farm
barns,
farm
outbuildings,
or
other
buildings
or
structures
4
that
are
primarily
adapted,
by
reason
of
nature
and
area,
5
for
use
for
agricultural
purposes
while
so
used.
The
bill
6
authorizes
a
county
board
of
supervisors
to
adopt
an
ordinance
7
that
establishes
a
building
or
structure
set-back
requirement
8
of
up
to
75
feet
from
a
public
right-of-way
regardless
of
the
9
use
of
any
affected
property.
10
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