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
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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repealed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.
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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repealed.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.
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S.F.
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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.
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