Senate
Study
Bill
1131
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
GREEN)
A
BILL
FOR
An
Act
relating
to
residency
requirements
for
members
of
county
1
zoning
commissions
and
county
boards
of
adjustment.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
335.8,
subsection
1,
Code
2023,
is
1
amended
to
read
as
follows:
2
1.
In
order
to
avail
itself
of
the
powers
conferred
by
this
3
chapter,
the
board
of
supervisors
shall
appoint
a
commission
4
consisting
of
eligible
electors,
as
defined
in
section
39.3
,
5
who
reside
within
the
county,
but
outside
the
corporate
limits
6
of
any
city,
to
be
known
as
the
county
zoning
commission.
The
7
commission
shall
consist
of
eligible
electors,
as
defined
in
8
section
39.3,
who
reside
within
the
county
but
outside
the
9
corporate
limits
of
any
city.
However,
an
eligible
elector
10
who
resides
in
the
county
and
inside
the
corporate
limits
of
11
any
city
may
serve
on
the
commission
if
the
eligible
elector
12
owns
land
within
the
county
but
outside
the
corporate
limits
of
13
any
city.
The
commission
may
recommend
the
boundaries
of
the
14
various
districts
and
appropriate
regulations
and
restrictions
15
to
be
enforced
in
the
districts.
The
commission
shall,
with
16
due
diligence,
prepare
a
preliminary
report
and
hold
public
17
hearings
on
the
preliminary
report
before
submitting
the
18
commission’s
final
report.
The
board
of
supervisors
shall
not
19
hold
its
public
hearings
or
take
action
until
it
has
received
20
the
final
report
of
the
commission.
After
the
adoption
of
21
the
regulations,
restrictions,
and
boundaries
of
districts,
22
the
zoning
commission
may,
from
time
to
time,
recommend
to
23
the
board
of
supervisors
amendments,
supplements,
changes,
or
24
modifications.
The
commission’s
report
and
any
recommendations
25
may
include
a
proposed
ordinance
or
amendments
to
an
ordinance.
26
Sec.
2.
Section
335.11,
Code
2023,
is
amended
to
read
as
27
follows:
28
335.11
Membership
of
board.
29
The
board
of
adjustment
shall
consist
of
five
members
who
30
are
eligible
electors,
as
defined
in
section
39.3
,
and
who
31
reside
within
the
county
,
but
outside
the
corporate
limits
of
32
any
city
,
each
to
.
However,
an
eligible
elector
who
resides
33
in
the
county
and
inside
the
corporate
limits
of
any
city
may
34
serve
on
the
board
if
the
eligible
elector
owns
land
within
35
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the
county
but
outside
the
corporate
limits
of
any
city.
Each
1
member
shall
be
appointed
for
a
term
of
five
years,
excepting
2
that
when
the
board
shall
first
be
created
one
member
shall
3
be
appointed
for
a
term
of
five
years,
one
for
a
term
of
4
four
years,
one
for
a
term
of
three
years,
one
for
a
term
of
5
two
years,
and
one
for
a
term
of
one
year.
Members
shall
be
6
removable
for
cause
by
the
appointing
authority
upon
written
7
charges
and
after
public
hearing.
Vacancies
shall
be
filled
8
for
the
unexpired
term
of
any
member
whose
term
becomes
vacant.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
relates
to
residency
requirements
for
members
of
13
county
zoning
commissions
and
county
boards
of
adjustment.
14
Under
current
law,
only
an
eligible
elector
who
resides
within
15
a
county
but
outside
the
corporate
limits
of
any
city
may
serve
16
on
a
county
zoning
commission
or
a
county
board
of
adjustment.
17
The
bill
allows
an
eligible
elector
who
lives
within
the
county
18
and
inside
the
corporate
limits
of
any
city
to
serve
on
a
19
county
zoning
commission
or
county
board
of
adjustment
if
the
20
eligible
elector
owns
land
within
the
county
but
outside
the
21
corporate
limits
of
any
city.
22
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