Senate File 2378 - Introduced SENATE FILE 2378 BY COMMITTEE ON LOCAL GOVERNMENT (SUCCESSOR TO SF 2091) A BILL FOR An Act relating to the ability of property owners to protest 1 proposed changes in zoning districts. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5798SV (2) 91 ms/js
S.F. 2378 Section 1. Section 414.4, Code 2026, is amended to read as 1 follows: 2 414.4 Zoning regulations, district boundaries, amendments. 3 1. The council of the city shall provide for the manner in 4 which the regulations and restrictions and the boundaries of 5 the districts shall be determined, established, and enforced, 6 and from time to time amended, supplemented, or changed , 7 modified, or repealed . However, the regulation, restriction, 8 or boundary shall not become effective until after a public 9 hearing at which parties in interest and citizens shall have an 10 opportunity to be heard. The notice of the time and place of 11 the hearing shall be published as provided in section 362.3 . 12 2. Notwithstanding section 414.2, as part of an ordinance 13 changing land from one zoning district to another zoning 14 district or an ordinance approving a site development plan, a 15 council may impose conditions on a property owner that are in 16 addition to existing regulations if the additional conditions 17 have been agreed to in writing by the property owner before the 18 public hearing required under this section or adjournment of 19 the hearing. The conditions must be reasonable and imposed to 20 satisfy public needs that are directly caused by the requested 21 change. 22 Sec. 2. Section 657.9, subsection 1, Code 2026, is amended 23 to read as follows: 24 1. Before a person improves property acquired to establish, 25 use, and maintain a shooting range by the erection of 26 buildings, breastworks, ramparts, or other works or before a 27 person substantially changes the existing use of a shooting 28 range, the person shall obtain approval of the county zoning 29 commission or the city zoning commission, whichever is 30 appropriate. The appropriate commission shall comply with 31 section 335.8 or 414.6 . In the event a county or city does 32 not have a zoning commission, the county board of supervisors 33 or the city council shall comply with section 335.6 or 414.5 34 before granting the approval. 35 -1- LSB 5798SV (2) 91 ms/js 1/ 3
S.F. 2378 Sec. 3. REPEAL. Section 414.5, Code 2026, is repealed. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill repeals the ability of property owners to submit 5 a written protest to challenge a proposed change in a zoning 6 district. 7 Under Code section 414.5, as a part of an ordinance changing 8 land from one zoning district to another zoning district or an 9 ordinance approving a site development plan, a city council 10 may impose conditions on a property owner in addition to 11 existing regulations if the additional conditions have been 12 agreed to in writing by the property owner before the required 13 public hearing or adjournment of the hearing. The conditions 14 must be reasonable and imposed to satisfy public needs that 15 are directly caused by the requested change. If, however, a 16 written protest against a change or repeal is filed with the 17 city clerk and is signed by the owners of 20 percent or more 18 of the area of the lots included in the proposed change or 19 repeal, or by the owners of 20 percent or more of the property 20 that is located within 200 feet of the exterior boundaries 21 of the property for which the change or repeal is proposed, 22 the change or repeal shall not become effective except by the 23 favorable vote of at least three-fourths of all the members of 24 the council. The protest, if filed, must be filed before or at 25 the public hearing. The bill repeals Code section 414.5. 26 The bill allows a city council to impose conditions on a 27 property owner, as part of an ordinance changing land from one 28 zoning district to another zoning district or an ordinance 29 approving a site development plan, in addition to existing 30 regulations if the additional conditions have been agreed to in 31 writing prior to a required public hearing or adjournment of 32 the hearing. The conditions must be reasonable and imposed to 33 satisfy public needs that are directly caused by the requested 34 change. 35 -2- LSB 5798SV (2) 91 ms/js 2/ 3
S.F. 2378 Current law requires a person to obtain approval from 1 the city zoning commission before substantially changing the 2 existing use of a shooting range or improving property that 3 was acquired to maintain a shooting range within the city. In 4 the event the city does not have a zoning commission, the city 5 council shall comply with Code section 414.5 before granting 6 approval. Due to the repeal of Code section 414.5, the bill 7 eliminates the requirement that a city council comply with Code 8 section 414.5 before approval. 9 -3- LSB 5798SV (2) 91 ms/js 3/ 3