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Senate File 2285 - 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, subsections 2 and 3, Code 2022,
2are amended 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.
323. Property owners affected by such zoning regulations
33pursuant to this section shall have the same rights of hearing,
34protest, and appeal as those property owners residing within
35the municipality exercising this power. Property owners
-1-1affected by zoning regulations pursuant to this section
2may, but are not required to, consent to annexation under
3chapter 368 as a condition of receiving approval for a zoning
4classification, special or conditional use, variance, permit,
5or division of land into two tracts.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9This bill relates to requirements for additional members of
10a city planning and zoning commission and a board of adjustment
11when a city extends its zoning jurisdiction. Current law
12authorizes a city to extend its zoning jurisdiction into the
13unincorporated area up to two miles beyond the limits of the
14city, subject to limitations. When a city extends its zoning
15jurisdiction in this manner, the city shall increase its
16planning and zoning commission and its board of adjustment
17each by two members. One of the members appointed to the
18planning and zoning commission shall be a member of the board
19of supervisors or the board’s designee. The board’s designee,
20if any, shall be a resident of the county in which the extended
21area is located. The other appointee to the planning and
22zoning commission shall be a resident of the area outside the
23city limits over which the zoning jurisdiction is extended.
24The bill requires the member of the board of supervisors or
25the board’s designee, if any, appointed to the planning and
26zoning commission to also be a resident of the area outside the
27city limits over which the zoning jurisdiction is extended.
28Additionally, at least one of the appointees to the planning
29and zoning commission and at least one of the appointees to the
30board of adjustment shall own land that is actively used for
31an agricultural purpose.
32The bill allows, but does not require, a property
33owner affected by a city’s extended zoning to consent to
34annexation as a condition of receiving approval for a zoning
35classification, special or conditional use, variance, permit,
-2-1or division of land into two tracts.
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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, subsections 2 and 3, Code 2022,
2are amended 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.
323. Property owners affected by such zoning regulations
33pursuant to this section shall have the same rights of hearing,
34protest, and appeal as those property owners residing within
35the municipality exercising this power. Property owners
-1-1affected by zoning regulations pursuant to this section
2may, but are not required to, consent to annexation under
3chapter 368 as a condition of receiving approval for a zoning
4classification, special or conditional use, variance, permit,
5or division of land into two tracts.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9This bill relates to requirements for additional members of
10a city planning and zoning commission and a board of adjustment
11when a city extends its zoning jurisdiction. Current law
12authorizes a city to extend its zoning jurisdiction into the
13unincorporated area up to two miles beyond the limits of the
14city, subject to limitations. When a city extends its zoning
15jurisdiction in this manner, the city shall increase its
16planning and zoning commission and its board of adjustment
17each by two members. One of the members appointed to the
18planning and zoning commission shall be a member of the board
19of supervisors or the board’s designee. The board’s designee,
20if any, shall be a resident of the county in which the extended
21area is located. The other appointee to the planning and
22zoning commission shall be a resident of the area outside the
23city limits over which the zoning jurisdiction is extended.
24The bill requires the member of the board of supervisors or
25the board’s designee, if any, appointed to the planning and
26zoning commission to also be a resident of the area outside the
27city limits over which the zoning jurisdiction is extended.
28Additionally, at least one of the appointees to the planning
29and zoning commission and at least one of the appointees to the
30board of adjustment shall own land that is actively used for
31an agricultural purpose.
32The bill allows, but does not require, a property
33owner affected by a city’s extended zoning to consent to
34annexation as a condition of receiving approval for a zoning
35classification, special or conditional use, variance, permit,
-2-1or division of land into two tracts.
-3-js/ns