HF 415 (LSB 2544HH (2) 91)

HOUSE FILE 415

BY  GUSTOFF

A BILL FOR

An Act concerning county and city regulation of real property and the powers granted to a board of adjustment.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 335.15, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  To authorize on appeal, in specific cases, such variance from the terms of the ordinance with respect to the area, dimensional, or other numerical limitations as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the ordinance will result in practical difficulties to the property owner in making a beneficial use of the property allowed by the zoning ordinance, and so that the spirit of the ordinance shall be observed and substantial justice done. Area, dimensional, or other numerical limitations subject to variances include but are not limited to requirements for minimum lot size, setbacks, yard widths, height, bulk, sidewalks, fencing, signage, and off-street parking. To receive the requested area, dimensional, or other numerical variance, the property owner must prove that the practical difficulties faced are unique to the property at issue and not self-created and must also demonstrate that granting the variance will not significantly alter the essential character of the surrounding neighborhood.
    Sec. 2.  Section 414.12, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  To authorize on appeal, in specific cases, such variance from the terms of the ordinance with respect to the area, dimensional, or other numerical limitations as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the ordinance will result in practical difficulties to the property owner in making a beneficial use of the property allowed by the zoning ordinance, and so that the spirit of the ordinance shall be observed and substantial justice done. Area, dimensional, or other numerical limitations subject to variances include but are not limited to requirements for minimum lot size, setbacks, yard widths, height, bulk, sidewalks, fencing, signage, and off-street parking. To receive the requested area, dimensional, or other numerical variance, the property owner must prove that the practical difficulties faced are unique to the property at issue and not self-created and must also demonstrate that granting the variance will not significantly alter the essential character of the surrounding neighborhood.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Counties and cities are granted the power to regulate the character and use of real property under their respective jurisdictions by ordinance, motion, resolution, or amendment. A board of adjustment is appointed by a county board of supervisors or a city council to hear appeals from property owners aggrieved by regulations and restrictions placed on their property. The board of adjustment may grant a variance from the terms of an ordinance not contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.
   This bill allows a board of adjustment to grant a variance from the terms of the ordinance with respect to the area, dimensional, or other numerical limitations not contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the ordinance will result in practical difficulties to the property owner in making a beneficial use of the property allowed by the zoning ordinance, and so that the spirit of the ordinance shall be observed and substantial justice done. The bill lists examples of restrictions that may include area, dimensional, and other numerical limitations. The property owner must prove that the practical difficulties faced are unique to the property at issue and not self-created and will not significantly alter the essential character of the surrounding neighborhood.