Print
House File 2512 - EnrolledAn Actrelating to county zoning procedures, and including
effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 335.2, Code 2020, is amended by adding
the following new unnumbered paragraphs:
NEW UNNUMBERED PARAGRAPH. A county shall not require an
application, an approval, or the payment of a fee in order for
an ordinance to be deemed inapplicable to land, farm barns,
farm outbuildings, or other buildings or structures that are
primarily adapted for use for agricultural purposes under this
section.
NEW UNNUMBERED PARAGRAPH. Land, farm houses, farm barns,
farm outbuildings, or other buildings or structures may
qualify under this section independently or in combination with
other agricultural uses. Land enrolled in a soil or water
conservation program shall be considered land primarily adapted
for use for agricultural purposes under this section.
Sec. 2. Section 335.5, subsection 4, Code 2020, is amended
to read as follows:
4. a. A comprehensive plan recommended for adoption or
amendment by the zoning commission established under section
335.8, may be adopted by the board of supervisors. The
board of supervisors shall not hold a public hearing or take
action on the recommendation until it has received the zoning
commission’s final report containing the recommendation.
b. Before taking action on the recommendation, the board
of supervisors shall hold a public hearing at which parties in
interest and citizens shall have an opportunity to be heard.
Notice of the time and place of the hearing shall be published
as provided in section 331.305.
c. The board of supervisors may amend a proposed
comprehensive plan or amendment prior to adoption. The board
of supervisors shall publish notice of the meeting at which
the comprehensive plan or amendment will be considered for
adoption. The notice shall be published as provided in section
331.305.
b. d. Following its adoption, copies of the comprehensive
plan or amended plan shall be sent or made available to
-1-neighboring counties, cities within the county, the council of
governments or regional planning commission where the county is
located, and public libraries within the county.
c. Following its adoption, a comprehensive plan may be
amended by the board of supervisors at any time.
Sec. 3. Section 335.8, subsection 1, Code 2020, is amended
to read as follows:
1. In order to avail itself of the powers conferred by this
chapter, the board of supervisors shall appoint a commission,
a majority of whose members shall reside within the county
but outside the corporate limits of any city, consisting of
eligible electors, as defined in section 39.3, who reside
within the area regulated by the county zoning ordinance, to
be known as the county zoning commission, to. The commission
may recommend the boundaries of the various original districts
and appropriate regulations and restrictions to be enforced
therein in the districts. Such The commission shall, with
due diligence, prepare a preliminary report and hold public
hearings thereon on the preliminary report before submitting
its the commission’s final report; and the. The board of
supervisors shall not hold its public hearings or take action
until it has received the final report of such the commission.
After the adoption of such the regulations, restrictions, and
boundaries of districts, the zoning commission may, from time
to time, recommend to the board of supervisors amendments,
supplements, changes, or modifications. The commission’s
report and any recommendations may include a proposed ordinance
or amendments to an ordinance.
Sec. 4. Section 335.11, Code 2020, is amended to read as
follows:
335.11 Membership of board.
The board of adjustment shall consist of five members, a
majority of whom shall reside within the county but outside
the corporate limits of any city who are eligible electors,
as defined in section 39.3, and who reside within the area
-2-regulated by the county zoning ordinance, each to be appointed
for a term of five years, excepting that when the board shall
first be created one member shall be appointed for a term of
five years, one for a term of four years, one for a term of
three years, one for a term of two years, and one for a term
of one year. Members shall be removable for cause by the
appointing authority upon written charges and after public
hearing. Vacancies shall be filled for the unexpired term of
any member whose term becomes vacant.
Sec. 5. CODE EDITOR DIRECTIVE. The Code editor may number
unnumbered paragraphs within section 335.2, as amended in this
Act, in accordance with established section hierarchy and
correct internal references in the Code and in any enacted Iowa
Acts, as necessary.
Sec. 6. EFFECTIVE DATE. This Act, being deemed of immediate
importance, takes effect upon enactment.
Sec. 7. APPLICABILITY. The following applies to
comprehensive plans and amendments to comprehensive plans
proposed or adopted on or after July 1, 2020:
The section of this Act amending section 335.5, subsection
4.
Sec. 8. APPLICABILITY.
1. The following apply on and after the effective date of
this Act to members of county zoning commissions and county
boards of adjustment holding office on or after that date:
a. The section of this Act amending section 335.8,
subsection 1.
b. The section of this Act amending section 335.11.
2. If a current member of a county zoning commission or
county board of adjustment does not meet the eligibility
requirements provided in this Act, the position of the member
shall be deemed vacant as provided in section 69.2, and the
county board of supervisors shall appoint a successor member
who meets the eligibility requirements provided in this Act
within one year of the effective date of this Act.
-3-______________________________
PAT GRASSLEYSpeaker of the House______________________________
CHARLES SCHNEIDERPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 2512, Eighty-eighth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2020______________________________
KIM REYNOLDSGovernorjs/ns
effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 335.2, Code 2020, is amended by adding
the following new unnumbered paragraphs:
NEW UNNUMBERED PARAGRAPH. A county shall not require an
application, an approval, or the payment of a fee in order for
an ordinance to be deemed inapplicable to land, farm barns,
farm outbuildings, or other buildings or structures that are
primarily adapted for use for agricultural purposes under this
section.
NEW UNNUMBERED PARAGRAPH. Land, farm houses, farm barns,
farm outbuildings, or other buildings or structures may
qualify under this section independently or in combination with
other agricultural uses. Land enrolled in a soil or water
conservation program shall be considered land primarily adapted
for use for agricultural purposes under this section.
Sec. 2. Section 335.5, subsection 4, Code 2020, is amended
to read as follows:
4. a. A comprehensive plan recommended for adoption or
amendment by the zoning commission established under section
335.8, may be adopted by the board of supervisors. The
board of supervisors shall not hold a public hearing or take
action on the recommendation until it has received the zoning
commission’s final report containing the recommendation.
b. Before taking action on the recommendation, the board
of supervisors shall hold a public hearing at which parties in
interest and citizens shall have an opportunity to be heard.
Notice of the time and place of the hearing shall be published
as provided in section 331.305.
c. The board of supervisors may amend a proposed
comprehensive plan or amendment prior to adoption. The board
of supervisors shall publish notice of the meeting at which
the comprehensive plan or amendment will be considered for
adoption. The notice shall be published as provided in section
331.305.
b. d. Following its adoption, copies of the comprehensive
plan or amended plan shall be sent or made available to
-1-neighboring counties, cities within the county, the council of
governments or regional planning commission where the county is
located, and public libraries within the county.
c. Following its adoption, a comprehensive plan may be
amended by the board of supervisors at any time.
Sec. 3. Section 335.8, subsection 1, Code 2020, is amended
to read as follows:
1. In order to avail itself of the powers conferred by this
chapter, the board of supervisors shall appoint a commission,
a majority of whose members shall reside within the county
but outside the corporate limits of any city, consisting of
eligible electors, as defined in section 39.3, who reside
within the area regulated by the county zoning ordinance, to
be known as the county zoning commission, to. The commission
may recommend the boundaries of the various original districts
and appropriate regulations and restrictions to be enforced
therein in the districts. Such The commission shall, with
due diligence, prepare a preliminary report and hold public
hearings thereon on the preliminary report before submitting
its the commission’s final report; and the. The board of
supervisors shall not hold its public hearings or take action
until it has received the final report of such the commission.
After the adoption of such the regulations, restrictions, and
boundaries of districts, the zoning commission may, from time
to time, recommend to the board of supervisors amendments,
supplements, changes, or modifications. The commission’s
report and any recommendations may include a proposed ordinance
or amendments to an ordinance.
Sec. 4. Section 335.11, Code 2020, is amended to read as
follows:
335.11 Membership of board.
The board of adjustment shall consist of five members, a
majority of whom shall reside within the county but outside
the corporate limits of any city who are eligible electors,
as defined in section 39.3, and who reside within the area
-2-regulated by the county zoning ordinance, each to be appointed
for a term of five years, excepting that when the board shall
first be created one member shall be appointed for a term of
five years, one for a term of four years, one for a term of
three years, one for a term of two years, and one for a term
of one year. Members shall be removable for cause by the
appointing authority upon written charges and after public
hearing. Vacancies shall be filled for the unexpired term of
any member whose term becomes vacant.
Sec. 5. CODE EDITOR DIRECTIVE. The Code editor may number
unnumbered paragraphs within section 335.2, as amended in this
Act, in accordance with established section hierarchy and
correct internal references in the Code and in any enacted Iowa
Acts, as necessary.
Sec. 6. EFFECTIVE DATE. This Act, being deemed of immediate
importance, takes effect upon enactment.
Sec. 7. APPLICABILITY. The following applies to
comprehensive plans and amendments to comprehensive plans
proposed or adopted on or after July 1, 2020:
The section of this Act amending section 335.5, subsection
4.
Sec. 8. APPLICABILITY.
1. The following apply on and after the effective date of
this Act to members of county zoning commissions and county
boards of adjustment holding office on or after that date:
a. The section of this Act amending section 335.8,
subsection 1.
b. The section of this Act amending section 335.11.
2. If a current member of a county zoning commission or
county board of adjustment does not meet the eligibility
requirements provided in this Act, the position of the member
shall be deemed vacant as provided in section 69.2, and the
county board of supervisors shall appoint a successor member
who meets the eligibility requirements provided in this Act
within one year of the effective date of this Act.
-3-______________________________
PAT GRASSLEYSpeaker of the House______________________________
CHARLES SCHNEIDERPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 2512, Eighty-eighth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2020______________________________
KIM REYNOLDSGovernorjs/ns