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Senate File 2096 - IntroducedA Bill ForAn Act 1relating to requirements for additional members of
2a city planning and zoning commission and a board of
3adjustment when a city extends its zoning jurisdiction.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 414.23, subsection 2, Code 2022, is
2amended to read as follows:
32. A municipality, during the time its zoning jurisdiction
4is extended under this section, shall increase the size of its
5planning and zoning commission and its board of adjustment
6each by two members. The planning and zoning commission shall
7include a member of the board of supervisors of the affected
8county, or the board’s designee, and a resident of the area
9outside the city limits over which the zoning jurisdiction
10is extended. The member of the board of supervisors or the
11 board’s designee, if any, shall also be a resident of the
12county in which such extended area is located outside the
13city limits over which the zoning jurisdiction is extended.
14The additional members of the board of adjustment shall be
15residents of the area outside the city limits over which
16the zoning jurisdiction is extended. At least one of the
17additional members of the planning and zoning commission
18and at least one of the additional members of the board
19of adjustment shall own land that is actively used for an
20agricultural purpose as defined in section 570A.1. The county
21supervisor, or the board’s designee, and the residents shall
22be appointed by the board of supervisors of the county in
23which such extended area is located. The county supervisor,
24or the board’s designee, and the residents shall serve for the
25same terms of office and have the same rights, privileges, and
26duties as other members of each of the bodies. However, if the
27extended zoning jurisdiction of a municipality extends into an
28adjacent county without a county zoning ordinance, the boards
29of supervisors of the affected counties, jointly, shall appoint
30one of their members, or a designee, to the planning and zoning
31commission.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill relates to requirements for additional members of
-1-1a city planning and zoning commission and a board of adjustment
2when a city extends its zoning jurisdiction. Current law
3authorizes a city to extend its zoning jurisdiction into the
4unincorporated area up to two miles beyond the limits of the
5city, subject to limitations. When a city extends its zoning
6jurisdiction in this manner, the city shall increase its
7planning and zoning commission and its board of adjustment
8each by two members. One of the members appointed to the
9planning and zoning commission shall be a member of the board
10of supervisors or the board’s designee. The board’s designee,
11if any, shall be a resident of the county in which the extended
12area is located. The other appointee to the planning and
13zoning commission shall be a resident of the area outside the
14city limits over which the zoning jurisdiction is extended.
15The bill requires the member of the board of supervisors or
16the board’s designee, if any, appointed to the planning and
17zoning commission to also be a resident of the area outside the
18city limits over which the zoning jurisdiction is extended.
19Additionally, at least one of the appointees to the planning
20and zoning commission and at least one of the appointees to the
21board of adjustment shall own land that is actively used for
22an agricultural purpose.
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2a city planning and zoning commission and a board of
3adjustment when a city extends its zoning jurisdiction.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 414.23, subsection 2, Code 2022, is
2amended to read as follows:
32. A municipality, during the time its zoning jurisdiction
4is extended under this section, shall increase the size of its
5planning and zoning commission and its board of adjustment
6each by two members. The planning and zoning commission shall
7include a member of the board of supervisors of the affected
8county, or the board’s designee, and a resident of the area
9outside the city limits over which the zoning jurisdiction
10is extended. The member of the board of supervisors or the
11 board’s designee, if any, shall also be a resident of the
12county in which such extended area is located outside the
13city limits over which the zoning jurisdiction is extended.
14The additional members of the board of adjustment shall be
15residents of the area outside the city limits over which
16the zoning jurisdiction is extended. At least one of the
17additional members of the planning and zoning commission
18and at least one of the additional members of the board
19of adjustment shall own land that is actively used for an
20agricultural purpose as defined in section 570A.1. The county
21supervisor, or the board’s designee, and the residents shall
22be appointed by the board of supervisors of the county in
23which such extended area is located. The county supervisor,
24or the board’s designee, and the residents shall serve for the
25same terms of office and have the same rights, privileges, and
26duties as other members of each of the bodies. However, if the
27extended zoning jurisdiction of a municipality extends into an
28adjacent county without a county zoning ordinance, the boards
29of supervisors of the affected counties, jointly, shall appoint
30one of their members, or a designee, to the planning and zoning
31commission.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill relates to requirements for additional members of
-1-1a city planning and zoning commission and a board of adjustment
2when a city extends its zoning jurisdiction. Current law
3authorizes a city to extend its zoning jurisdiction into the
4unincorporated area up to two miles beyond the limits of the
5city, subject to limitations. When a city extends its zoning
6jurisdiction in this manner, the city shall increase its
7planning and zoning commission and its board of adjustment
8each by two members. One of the members appointed to the
9planning and zoning commission shall be a member of the board
10of supervisors or the board’s designee. The board’s designee,
11if any, shall be a resident of the county in which the extended
12area is located. The other appointee to the planning and
13zoning commission shall be a resident of the area outside the
14city limits over which the zoning jurisdiction is extended.
15The bill requires the member of the board of supervisors or
16the board’s designee, if any, appointed to the planning and
17zoning commission to also be a resident of the area outside the
18city limits over which the zoning jurisdiction is extended.
19Additionally, at least one of the appointees to the planning
20and zoning commission and at least one of the appointees to the
21board of adjustment shall own land that is actively used for
22an agricultural purpose.
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