Senate File 2285 - Introduced SENATE FILE 2285 BY COMMITTEE ON LOCAL GOVERNMENT (SUCCESSOR TO SF 2096) A BILL FOR An Act relating to requirements for additional members of 1 a city planning and zoning commission and a board of 2 adjustment when a city extends its zoning jurisdiction. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5622SV (2) 89 js/ns

S.F. 2285 Section 1. Section 414.23, subsections 2 and 3, Code 2022, 1 are amended to read as follows: 2 2. A municipality, during the time its zoning jurisdiction 3 is extended under this section , shall increase the size of its 4 planning and zoning commission and its board of adjustment 5 each by two members. The planning and zoning commission shall 6 include a member of the board of supervisors of the affected 7 county, or the board’s designee, and a resident of the area 8 outside the city limits over which the zoning jurisdiction 9 is extended. The member of the board of supervisors or the 10 board’s designee, if any, shall also be a resident of the 11 county in which such extended area is located outside the 12 city limits over which the zoning jurisdiction is extended . 13 The additional members of the board of adjustment shall be 14 residents of the area outside the city limits over which 15 the zoning jurisdiction is extended. At least one of the 16 additional members of the planning and zoning commission 17 and at least one of the additional members of the board 18 of adjustment shall own land that is actively used for an 19 agricultural purpose as defined in section 570A.1. The county 20 supervisor, or the board’s designee, and the residents shall 21 be appointed by the board of supervisors of the county in 22 which such extended area is located. The county supervisor, 23 or the board’s designee, and the residents shall serve for the 24 same terms of office and have the same rights, privileges, and 25 duties as other members of each of the bodies. However, if the 26 extended zoning jurisdiction of a municipality extends into an 27 adjacent county without a county zoning ordinance, the boards 28 of supervisors of the affected counties, jointly, shall appoint 29 one of their members, or a designee, to the planning and zoning 30 commission. 31 3. Property owners affected by such zoning regulations 32 pursuant to this section shall have the same rights of hearing, 33 protest, and appeal as those property owners residing within 34 the municipality exercising this power. Property owners 35 -1- LSB 5622SV (2) 89 js/ns 1/ 3

S.F. 2285 affected by zoning regulations pursuant to this section 1 may, but are not required to, consent to annexation under 2 chapter 368 as a condition of receiving approval for a zoning 3 classification, special or conditional use, variance, permit, 4 or division of land into two tracts. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to requirements for additional members of 9 a city planning and zoning commission and a board of adjustment 10 when a city extends its zoning jurisdiction. Current law 11 authorizes a city to extend its zoning jurisdiction into the 12 unincorporated area up to two miles beyond the limits of the 13 city, subject to limitations. When a city extends its zoning 14 jurisdiction in this manner, the city shall increase its 15 planning and zoning commission and its board of adjustment 16 each by two members. One of the members appointed to the 17 planning and zoning commission shall be a member of the board 18 of supervisors or the board’s designee. The board’s designee, 19 if any, shall be a resident of the county in which the extended 20 area is located. The other appointee to the planning and 21 zoning commission shall be a resident of the area outside the 22 city limits over which the zoning jurisdiction is extended. 23 The bill requires the member of the board of supervisors or 24 the board’s designee, if any, appointed to the planning and 25 zoning commission to also be a resident of the area outside the 26 city limits over which the zoning jurisdiction is extended. 27 Additionally, at least one of the appointees to the planning 28 and zoning commission and at least one of the appointees to the 29 board of adjustment shall own land that is actively used for 30 an agricultural purpose. 31 The bill allows, but does not require, a property 32 owner affected by a city’s extended zoning to consent to 33 annexation as a condition of receiving approval for a zoning 34 classification, special or conditional use, variance, permit, 35 -2- LSB 5622SV (2) 89 js/ns 2/ 3

S.F. 2285 or division of land into two tracts. 1 -3- LSB 5622SV (2) 89 js/ns 3/ 3