Bill Text: IA HF294 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to eligible electors residing in an unincorporated area subject to a city’s zoning ordinance and including applicability provisions.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2017-02-15 - Subcommittee: McKean, Bloomingdale and Nielsen. H.J. 317. [HF294 Detail]
Download: Iowa-2017-HF294-Introduced.html
House File 294 - Introduced HOUSE FILE BY KLEIN A BILL FOR 1 An Act relating to eligible electors residing in an 2 unincorporated area subject to a city's zoning ordinance and 3 including applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2185YH (7) 87 aw/sc PAG LIN 1 1 Section 1. Section 39.3, subsection 2, Code 2017, is amended 1 2 to read as follows: 1 3 2. "City" means a municipal corporation not including a 1 4 county, township, school district, or any special purpose 1 5 district or authority. When used in relation to land area, 1 6 "city" includes only the land area within the city limits and, 1 7 for purposes of determining the rights of an eligible elector 1 8 to petition the city council and vote in city elections, the 1 9 land area of any unincorporated area that is subject to a city 1 10 zoning ordinance under section 414.23. 1 11 Sec. 2. Section 49.5, Code 2017, is amended to read as 1 12 follows: 1 13 49.5 City precincts. 1 14 1. The council of a city where establishment of more 1 15 than one precinct is necessary or deemed advisable shall, at 1 16 the time required by law, divide the city into the number 1 17 of election precincts as will best serve the convenience of 1 18 the voters while promoting electoral efficiency. As used in 1 19 this section, the term "the convenience of the voters" refers 1 20 to, but is not necessarily limited to, the use of precinct 1 21 boundaries which can be readily described to and identified 1 22 by voters and for which there is ease of access by voters to 1 23 their respective precinct polling places by reasonably direct 1 24 routes of travel. As used in this section, the term "promoting 1 25 electoral efficiency" means reducing the cost of staffing 1 26 election precincts by requiring cities to avoid creating more 1 27 precincts than is reasonably necessary to provide voters access 1 28 to voting. 1 29 2. The precinct boundaries shall conform to section 49.3 1 30 and shall be described in an ordinance adopted by the council 1 31 within the time required by section 49.7. Before final 1 32 adoption of any change in election precinct boundaries pursuant 1 33 to this section or section 49.6, the council shall permit the 1 34 commissioner not less than seven and not more than ten days' 1 35 time to offer written comments to the council on the proposed 2 1 reprecincting. If the commissioner recommends changes in the 2 2 proposed reprecincting which the commissioner concludes could 2 3 better serve the convenience of the voters or could promote 2 4 electoral efficiency, including lowering election costs, the 2 5 council shall, if no changes to the reprecincting are made, 2 6 include reasons in the ordinance for not adopting the proposed 2 7 changes of the commissioner. A public hearing shall be held 2 8 before final adoption of the ordinance. Notice of the date, 2 9 time, and place of the hearing shall be given as provided in 2 10 chapter 21. 2 11 3. For city elections, if a city has extended the 2 12 applicability of the city's zoning ordinance to an 2 13 unincorporated area pursuant to section 414.23, the city 2 14 council shall include the eligible electors residing in the 2 15 unincorporated area subject to the zoning ordinance within the 2 16 precinct boundaries of a city precinct. The city council may 2 17 reprecinct if necessary to meet the requirements of section 2 18 49.3 and this subsection. 2 19 Sec. 3. Section 372.13, subsection 7, paragraph b, Code 2 20 2017, is amended to read as follows: 2 21 b.WardsNotwithstanding any requirement to the contrary 2 22 under section 49.3, subsection 4, wards shall be as nearly 2 23 equal as practicable to the ideal population determined 2 24 by dividing the number of wards to be established into the 2 25 combined population of the city and areas subject to the city's 2 26 zoning ordinance under section 414.23. 2 27 Sec. 4. Section 414.23, Code 2017, is amended to read as 2 28 follows: 2 29 414.23 Extending beyond city limits. 2 30 1. The powers granted by this chapter may be extended by 2 31 ordinance by any city to the unincorporated area up to two 2 32 miles beyond the limits of such city, except for those areas 2 33 within a county where a county zoning ordinance exists. The 2 34 ordinance shall describe in general terms the area to be 2 35 included. The exemption from regulation granted by section 3 1 335.2 to property used for agricultural purposes shall apply 3 2 to such unincorporated area. If the limits of any such city 3 3 are at any place less than four miles distant from the limits 3 4 of any other city which has extended or thereafter extends 3 5 its zoning jurisdiction under this section, then at such time 3 6 the powers herein granted shall extend to a line equidistant 3 7 between the limits of said cities. 3 8 2. Amunicipalitycity, during the time its zoning 3 9 jurisdiction is extended under this section, shall increase 3 10 the size of its planning and zoning commission and its board 3 11 of adjustment each by two members. The planning and zoning 3 12 commission shall include a member of the board of supervisors 3 13 of the affected county, or the board's designee, and a resident 3 14 of the area outside the city limits over which the zoning 3 15 jurisdiction is extended. The board's designee, if any, shall 3 16 be a resident of the county in which such extended area is 3 17 located. The additional members of the board of adjustment 3 18 shall be residents of the area outside the city limits 3 19 over which the zoning jurisdiction is extended. The county 3 20 supervisor, or the board's designee, and the residents shall 3 21 be appointed by the board of supervisors of the county in 3 22 which such extended area is located. The county supervisor, 3 23 or the board's designee, and the residents shall serve for the 3 24 same terms of office and have the same rights, privileges, and 3 25 duties as other members of each of the bodies. However, if the 3 26 extended zoning jurisdiction of amunicipalitycity extends 3 27 into an adjacent county without a county zoning ordinance, the 3 28 boards of supervisors of the affected counties, jointly, shall 3 29 appoint one of their members, or a designee, to the planning 3 30 and zoning commission. 3 31 3. a. Property owners affected by such zoning regulations 3 32 shall have the same rights of hearing, protest, and appeal as 3 33 those within themunicipalitycity exercising this power. 3 34 b. An eligible elector residing in an unincorporated area 3 35 subject to the zoning ordinance shall be considered an eligible 4 1 elector of the city for purposes of signing petitions for 4 2 submission to the city council and voting in city elections and 4 3 for no other purposes. Following reprecincting under section 4 4 49.5 and in the year following the year in which the federal 4 5 decennial census is taken, the city council shall notify each 4 6 eligible elector residing in the unincorporated area subject 4 7 to the zoning ordinance of the eligible elector's right to 4 8 petition the city council and to vote in city elections. 4 9 4. Whenever a county in which this power is being exercised 4 10 by amunicipalitycity adopts a county zoning ordinance the 4 11 power exercised by themunicipalitycity and the specific 4 12 regulations and districts thereunder shall be terminated 4 13 within three months of the establishment of the administrative 4 14 authority for county zoning, or at such date as mutually agreed 4 15 upon by themunicipalitycity and county. 4 16 Sec. 5. APPLICABILITY. This Act applies to city elections 4 17 held on or after July 1, 2017. 4 18 EXPLANATION 4 19 The inclusion of this explanation does not constitute agreement with 4 20 the explanation's substance by the members of the general assembly. 4 21 This bill relates to extraterritorial zoning by certain 4 22 cities and the rights of eligible electors who reside in areas 4 23 subject to such zoning. 4 24 Current Code section 414.23 authorizes a city to extend 4 25 its zoning ordinance two miles outside the city's boundaries 4 26 if a county has not adopted a zoning ordinance and requires 4 27 the city to add two members each to its planning and zoning 4 28 commission and board of adjustment. The planning and zoning 4 29 commission must add a member of the county board of supervisors 4 30 and a resident of the extraterritorial area. The board of 4 31 adjustment is required to add two members who are residents of 4 32 the extraterritorial area. 4 33 The bill provides that an eligible elector residing in 4 34 an unincorporated area that is subject to a city's zoning 4 35 ordinance is an eligible elector for the purposes of 5 1 petitioning the city council and voting in city elections, and 5 2 for no other purposes. Under the bill, the city council of 5 3 such a city is required to include the eligible electors within 5 4 the precinct boundaries of a city precinct for the purposes of 5 5 city elections. The bill establishes certain reprecincting 5 6 and notice provisions. For a city that is divided into wards 5 7 for the purposes of electing members to the city council, 5 8 current law requires that the city wards be as nearly equal 5 9 in population as practicable based upon the population of 5 10 the city. Under the bill, this requirement is based upon 5 11 the combined population of the city and areas subject to the 5 12 city's zoning ordinance. Current law also requires that ward 5 13 boundaries follow precinct boundaries. 5 14 The bill applies to city elections held on or after July 1, 5 15 2017. LSB 2185YH (7) 87 aw/sc
