HF 2636 (LSB 5798HV (2) 91)

HOUSE FILE 2636

BY  COMMITTEE ON LOCAL GOVERNMENT

(SUCCESSOR TO HF 2062)

A BILL FOR

An Act relating to the ability of property owners to protest proposed changes in zoning districts.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 414.5, Code 2026, is amended to read as follows:
   414.5  Changes —— protest.
   The regulations, restrictions, and boundaries may, from time to time, be amended, supplemented, changed, modified, or repealed. Notwithstanding section 414.2, as a part of an ordinance changing land from one zoning district to another zoning district or an ordinance approving a site development plan, a council may impose conditions on a property owner which that are in addition to existing regulations if the additional conditions have been agreed to in writing by the property owner before the public hearing required under this section or any adjournment of the hearing. The conditions must be reasonable and imposed to satisfy public needs which that are directly caused by the requested change. In case, however, of a written protest against a change or repeal which that is filed with the city clerk and signed by a majority of the owners of twenty percent or more of the area of the lots included in the proposed change or repeal, or by the owners of twenty percent or more of the property which that is located within two hundred feet of the exterior boundaries of the property for which the change or repeal is proposed, the change or repeal shall not become effective except by the favorable vote of at least three-fourths two-thirds of all the members of the council. The protest, if filed, must be filed before or at the public hearing. The provisions of section 414.4 relative to public hearings and official notice apply equally to all changes or amendments.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under Code section 414.5, as a part of an ordinance changing land from one zoning district to another zoning district or an ordinance approving a site development plan, a city council may impose conditions on a property owner in addition to existing regulations if the additional conditions have been agreed to in writing by the property owner before the public hearing required or adjournment of the hearing. The conditions must be reasonable and imposed to satisfy public needs that are directly caused by the requested change. If, however, a written protest against a change or repeal is filed with the city clerk and is signed by the owners of 20 percent or more of the area of the lots included in the proposed change or repeal, or by the owners of 20 percent or more of the property that is located within 200 feet of the exterior boundaries of the property for which the change or repeal is proposed, the change or repeal shall not become effective except by the favorable vote of at least three-fourths of all the members of the council. The protest, if filed, must be filed before or at the public hearing.
   This bill requires the written protest to be signed by a majority of the owners of the lots included in the proposed change or repeal, or by the owners of 20 percent or more of the property that is located within 200 feet of the exterior boundaries of the property. The bill requires two-thirds of all the members of the council to vote favorably for the change to become effective.