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Senate Study Bill 1131 - IntroducedA Bill ForAn Act 1relating to residency requirements for members of county
2zoning commissions and county boards of adjustment.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 335.8, subsection 1, Code 2023, is
2amended to read as follows:
31. In order to avail itself of the powers conferred by this
4chapter, the board of supervisors shall appoint a commission
5consisting of eligible electors, as defined in section 39.3,
6who reside within the county, but outside the corporate limits
7of any city, to be known as the county zoning commission. The
8commission shall consist of eligible electors, as defined in
9section 39.3, who reside within the county but outside the
10corporate limits of any city. However, an eligible elector
11who resides in the county and inside the corporate limits of
12any city may serve on the commission if the eligible elector
13owns land within the county but outside the corporate limits of
14any city. The commission may recommend the boundaries of the
15various districts and appropriate regulations and restrictions
16to be enforced in the districts. The commission shall, with
17due diligence, prepare a preliminary report and hold public
18hearings on the preliminary report before submitting the
19commission’s final report. The board of supervisors shall not
20hold its public hearings or take action until it has received
21the final report of the commission. After the adoption of
22the regulations, restrictions, and boundaries of districts,
23the zoning commission may, from time to time, recommend to
24the board of supervisors amendments, supplements, changes, or
25modifications. The commission’s report and any recommendations
26may include a proposed ordinance or amendments to an ordinance.
27 Sec. 2. Section 335.11, Code 2023, is amended to read as
28follows:
29335.11 Membership of board.
30The board of adjustment shall consist of five members who
31are eligible electors, as defined in section 39.3, and who
32reside within the county, but outside the corporate limits of
33any city, each to. However, an eligible elector who resides
34in the county and inside the corporate limits of any city may
35serve on the board if the eligible elector owns land within
-1-1the county but outside the corporate limits of any city. Each
2member shall be appointed for a term of five years, excepting
3that when the board shall first be created one member shall
4be appointed for a term of five years, one for a term of
5four years, one for a term of three years, one for a term of
6two years, and one for a term of one year. Members shall be
7removable for cause by the appointing authority upon written
8charges and after public hearing. Vacancies shall be filled
9for the unexpired term of any member whose term becomes vacant.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill relates to residency requirements for members of
14county zoning commissions and county boards of adjustment.
15Under current law, only an eligible elector who resides within
16a county but outside the corporate limits of any city may serve
17on a county zoning commission or a county board of adjustment.
18The bill allows an eligible elector who lives within the county
19and inside the corporate limits of any city to serve on a
20county zoning commission or county board of adjustment if the
21eligible elector owns land within the county but outside the
22corporate limits of any city.
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2zoning commissions and county boards of adjustment.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 335.8, subsection 1, Code 2023, is
2amended to read as follows:
31. In order to avail itself of the powers conferred by this
4chapter, the board of supervisors shall appoint a commission
5consisting of eligible electors, as defined in section 39.3,
6who reside within the county, but outside the corporate limits
7of any city, to be known as the county zoning commission. The
8commission shall consist of eligible electors, as defined in
9section 39.3, who reside within the county but outside the
10corporate limits of any city. However, an eligible elector
11who resides in the county and inside the corporate limits of
12any city may serve on the commission if the eligible elector
13owns land within the county but outside the corporate limits of
14any city. The commission may recommend the boundaries of the
15various districts and appropriate regulations and restrictions
16to be enforced in the districts. The commission shall, with
17due diligence, prepare a preliminary report and hold public
18hearings on the preliminary report before submitting the
19commission’s final report. The board of supervisors shall not
20hold its public hearings or take action until it has received
21the final report of the commission. After the adoption of
22the regulations, restrictions, and boundaries of districts,
23the zoning commission may, from time to time, recommend to
24the board of supervisors amendments, supplements, changes, or
25modifications. The commission’s report and any recommendations
26may include a proposed ordinance or amendments to an ordinance.
27 Sec. 2. Section 335.11, Code 2023, is amended to read as
28follows:
29335.11 Membership of board.
30The board of adjustment shall consist of five members who
31are eligible electors, as defined in section 39.3, and who
32reside within the county, but outside the corporate limits of
33any city, each to. However, an eligible elector who resides
34in the county and inside the corporate limits of any city may
35serve on the board if the eligible elector owns land within
-1-1the county but outside the corporate limits of any city. Each
2member shall be appointed for a term of five years, excepting
3that when the board shall first be created one member shall
4be appointed for a term of five years, one for a term of
5four years, one for a term of three years, one for a term of
6two years, and one for a term of one year. Members shall be
7removable for cause by the appointing authority upon written
8charges and after public hearing. Vacancies shall be filled
9for the unexpired term of any member whose term becomes vacant.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill relates to residency requirements for members of
14county zoning commissions and county boards of adjustment.
15Under current law, only an eligible elector who resides within
16a county but outside the corporate limits of any city may serve
17on a county zoning commission or a county board of adjustment.
18The bill allows an eligible elector who lives within the county
19and inside the corporate limits of any city to serve on a
20county zoning commission or county board of adjustment if the
21eligible elector owns land within the county but outside the
22corporate limits of any city.
-2-js/ns