House File 298 - IntroducedA Bill ForAn Act 1relating to the authority of a county to adopt set-back
1   Section 1.  Section 335.2, subsection 1, Code 2021, is
2amended to read as follows:
   31.  Except to the extent required to implement section
4335.27 or as provided in section 335.3, subsection 1, paragraph
, no ordinance adopted under this chapter applies to
6land, farm houses, farm barns, farm outbuildings, or other
7buildings or structures that are primarily adapted, by reason
8of nature and area, for use for agricultural purposes, while
9so used. However, the ordinances may apply to any structure,
10building, dam, obstruction, deposit, or excavation in or on the
11floodplains of any river or stream.
12   Sec. 2.  Section 335.3, subsection 1, Code 2021, is amended
13to read as follows:
   141.  a.  Subject to section 335.2, the board of supervisors
15may by ordinance regulate and restrict the height, number of
16structures, and size of buildings and other structures, the
17percentage of lot that may be occupied, the size of yards,
18courts, and other open spaces, the density of population,
19and the location and use of buildings, structures, and land
20for trade, industry, residence, or other purposes, and may
21regulate, restrict, and prohibit the use for residential
22purposes of tents, trailers, and portable or potentially
23portable structures. However, such powers shall be exercised
24only with reference to land and structures located within the
25county but lying outside of the corporate limits of any city.
   26b.  Pursuant to paragraph “a”, the board of supervisors may
27adopt an ordinance that establishes a building or structure
28set-back requirement of up to seventy-five feet from a public
29right-of-way regardless of the use of any affected property.
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
   33This bill relates to the authority of a county to adopt
34set-back requirements.
   35Under current law, a county board of supervisors may by
-1-1ordinance regulate certain physical characteristics of property
2located in the county but outside the corporate limits of a
3city. Such an ordinance does not apply to land, farm houses,
4farm barns, farm outbuildings, or other buildings or structures
5that are primarily adapted, by reason of nature and area,
6for use for agricultural purposes while so used. The bill
7authorizes a county board of supervisors to adopt an ordinance
8that establishes a building or structure set-back requirement
9of up to 75 feet from a public right-of-way regardless of the
10use of any affected property.