Bill Text: IA SSB3120 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to county zoning procedures, and including effective date and applicability provisions.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-13 - Committee report approving bill, renumbered as SF 2264. [SSB3120 Detail]
Download: Iowa-2019-SSB3120-Introduced.html
Senate
Study
Bill
3120
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
EDLER)
A
BILL
FOR
An
Act
relating
to
county
zoning
procedures,
and
including
1
effective
date
and
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
335.2,
Code
2020,
is
amended
by
adding
1
the
following
new
unnumbered
paragraphs:
2
NEW
UNNUMBERED
PARAGRAPH
.
A
county
shall
not
require
an
3
application,
an
approval,
or
the
payment
of
a
fee
in
order
for
4
an
ordinance
to
be
deemed
inapplicable
to
land,
farm
barns,
5
farm
outbuildings,
or
other
buildings
or
structures
that
are
6
primarily
adapted
for
use
for
agricultural
purposes
under
this
7
section.
8
NEW
UNNUMBERED
PARAGRAPH
.
Land,
farm
houses,
farm
barns,
9
farm
outbuildings,
or
other
buildings
or
structures
may
10
qualify
under
this
section
independently
or
in
combination
with
11
other
agricultural
uses.
Land
enrolled
in
a
soil
or
water
12
conservation
program
shall
be
considered
land
primarily
adapted
13
for
use
for
agricultural
purposes
under
this
section.
14
Sec.
2.
Section
335.5,
subsection
4,
Code
2020,
is
amended
15
to
read
as
follows:
16
4.
a.
A
comprehensive
plan
recommended
for
adoption
or
17
amendment
by
the
zoning
commission
established
under
section
18
335.8
,
may
be
adopted
by
the
board
of
supervisors.
The
19
board
of
supervisors
shall
not
hold
a
public
hearing
or
take
20
action
on
the
recommendation
until
it
has
received
the
zoning
21
commission’s
final
report
containing
the
recommendation.
22
b.
Before
taking
action
on
the
recommendation,
the
board
23
of
supervisors
shall
hold
a
public
hearing
at
which
parties
in
24
interest
and
citizens
shall
have
an
opportunity
to
be
heard.
25
Notice
of
the
time
and
place
of
the
hearing
shall
be
published
26
as
provided
in
section
331.305.
27
c.
The
board
of
supervisors
may
amend
a
proposed
28
comprehensive
plan
or
amendment
prior
to
adoption.
The
board
29
of
supervisors
shall
publish
notice
of
the
meeting
at
which
30
the
comprehensive
plan
or
amendment
will
be
considered
for
31
adoption.
The
notice
shall
be
published
as
provided
in
section
32
331.305
.
33
b.
d.
Following
its
adoption,
copies
of
the
comprehensive
34
plan
or
amended
plan
shall
be
sent
or
made
available
to
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neighboring
counties,
cities
within
the
county,
the
council
of
1
governments
or
regional
planning
commission
where
the
county
is
2
located,
and
public
libraries
within
the
county.
3
c.
Following
its
adoption,
a
comprehensive
plan
may
be
4
amended
by
the
board
of
supervisors
at
any
time.
5
Sec.
3.
Section
335.8,
subsection
1,
Code
2020,
is
amended
6
to
read
as
follows:
7
1.
In
order
to
avail
itself
of
the
powers
conferred
by
this
8
chapter
,
the
board
of
supervisors
shall
appoint
a
commission
,
9
a
majority
of
whose
members
shall
reside
within
the
county
10
but
outside
the
corporate
limits
of
any
city,
consisting
of
11
eligible
electors,
as
defined
in
section
39.3,
who
reside
12
within
the
area
regulated
by
the
county
zoning
ordinance,
to
13
be
known
as
the
county
zoning
commission
,
to
.
The
commission
14
may
recommend
the
boundaries
of
the
various
original
districts
15
and
appropriate
regulations
and
restrictions
to
be
enforced
16
therein
in
the
districts
.
Such
The
commission
shall,
with
17
due
diligence,
prepare
a
preliminary
report
and
hold
public
18
hearings
thereon
on
the
preliminary
report
before
submitting
19
its
the
commission’s
final
report
;
and
the
.
The
board
of
20
supervisors
shall
not
hold
its
public
hearings
or
take
action
21
until
it
has
received
the
final
report
of
such
the
commission.
22
After
the
adoption
of
such
the
regulations,
restrictions,
and
23
boundaries
of
districts,
the
zoning
commission
may,
from
time
24
to
time,
recommend
to
the
board
of
supervisors
amendments,
25
supplements,
changes
,
or
modifications.
The
commission’s
26
report
and
any
recommendations
may
include
a
proposed
ordinance
27
or
amendments
to
an
ordinance.
28
Sec.
4.
Section
335.11,
Code
2020,
is
amended
to
read
as
29
follows:
30
335.11
Membership
of
board.
31
The
board
of
adjustment
shall
consist
of
five
members
,
a
32
majority
of
whom
shall
reside
within
the
county
but
outside
33
the
corporate
limits
of
any
city
who
are
eligible
electors,
34
as
defined
in
section
39.3,
and
who
reside
within
the
area
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regulated
by
the
county
zoning
ordinance
,
each
to
be
appointed
1
for
a
term
of
five
years,
excepting
that
when
the
board
shall
2
first
be
created
one
member
shall
be
appointed
for
a
term
of
3
five
years,
one
for
a
term
of
four
years,
one
for
a
term
of
4
three
years,
one
for
a
term
of
two
years,
and
one
for
a
term
5
of
one
year.
Members
shall
be
removable
for
cause
by
the
6
appointing
authority
upon
written
charges
and
after
public
7
hearing.
Vacancies
shall
be
filled
for
the
unexpired
term
of
8
any
member
whose
term
becomes
vacant.
9
Sec.
5.
CODE
EDITOR
DIRECTIVE.
The
Code
editor
may
number
10
unnumbered
paragraphs
within
section
335.2,
as
amended
in
this
11
Act,
in
accordance
with
established
section
hierarchy
and
12
correct
internal
references
in
the
Code
and
in
any
enacted
Iowa
13
Acts,
as
necessary.
14
Sec.
6.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
15
importance,
takes
effect
upon
enactment.
16
Sec.
7.
APPLICABILITY.
The
following
applies
to
17
comprehensive
plans
and
amendments
to
comprehensive
plans
18
proposed
or
adopted
on
or
after
July
1,
2020:
19
The
section
of
this
Act
amending
section
335.5,
subsection
20
4.
21
Sec.
8.
APPLICABILITY.
22
1.
The
following
apply
on
and
after
the
effective
date
of
23
this
Act
to
members
of
county
zoning
commissions
and
county
24
boards
of
adjustment
holding
office
on
or
after
that
date:
25
a.
The
section
of
this
Act
amending
section
335.8,
26
subsection
1.
27
b.
The
section
of
this
Act
amending
section
335.11.
28
2.
If
a
current
member
of
a
county
zoning
commission
or
29
county
board
of
adjustment
does
not
meet
the
eligibility
30
requirements
provided
in
this
Act,
the
position
of
the
member
31
shall
be
deemed
vacant
as
provided
in
section
69.2,
and
the
32
county
board
of
supervisors
shall
appoint
a
successor
member
33
who
meets
the
eligibility
requirements
provided
in
this
Act
34
within
one
year
of
the
effective
date
of
this
Act.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
the
applicability
of
county
zoning
4
ordinances,
the
zoning
duties
of
county
boards
of
supervisors,
5
and
the
membership
of
county
zoning
commissions
and
county
6
boards
of
adjustment.
7
Current
law
exempts
certain
buildings
and
structures
used
8
for
agricultural
purposes
from
county
zoning
ordinances.
9
The
bill
prohibits
a
county
from
requiring
an
application,
10
approval,
or
payment
of
a
fee
for
the
exemption
to
apply
to
11
land,
farm
barns,
farm
outbuildings,
or
other
buildings
or
12
structures
that
are
primarily
adopted
for
use
for
agricultural
13
purposes.
Under
the
bill,
agricultural
land,
buildings,
and
14
structures
can
qualify
for
the
exemption
independently
or
in
15
combination
with
other
agricultural
uses.
The
bill
specifies
16
that
land
enrolled
in
a
soil
or
water
conservation
program
17
qualifies
for
the
agricultural
exemption.
18
Current
law
allows
a
county
board
of
supervisors
to
amend
19
a
comprehensive
plan
at
any
time.
The
bill
strikes
this
20
provision
and
requires
county
boards
of
supervisors
to
follow
21
the
same
procedures
to
adopt
amendments
to
a
comprehensive
plan
22
that
they
would
for
adopting
the
comprehensive
plan.
The
bill
23
prohibits
a
county
board
of
supervisors
from
holding
a
public
24
hearing
or
otherwise
acting
on
a
recommendation
proposed
by
the
25
county
zoning
commission
until
the
county
zoning
commission
26
provides
a
final
report
with
its
recommendation.
The
bill
27
requires
the
county
board
of
supervisors
to
hold
a
public
28
hearing
before
adopting
a
comprehensive
plan.
This
provision
29
of
the
bill
applies
to
comprehensive
plans
and
amendments
to
30
comprehensive
plans
proposed
or
adopted
on
or
after
July
1,
31
2020.
32
Current
law
requires
only
a
majority
of
members
of
a
33
given
county
zoning
commission
or
county
board
of
adjustment
34
to
reside
in
the
county
outside
of
the
corporate
limits
of
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any
city.
The
bill
instead
requires
a
member
of
the
zoning
1
commission
or
board
of
adjustment
to
be
an
eligible
elector,
2
as
defined
in
Code
section
39.3,
and
to
reside
in
the
area
that
3
the
county
zoning
ordinance
regulates.
These
provisions
of
4
the
bill
apply
to
members
of
zoning
commissions
and
boards
of
5
adjustment
on
and
after
the
effective
date
of
the
bill.
If
6
a
person
currently
serving
on
a
zoning
commission
or
board
7
of
adjustment
is
no
longer
eligible
to
hold
that
position
8
due
to
the
new
eligibility
requirements
of
the
bill,
that
9
position
shall
be
deemed
vacant
and
the
county
board
of
10
supervisors
shall
have
up
to
one
year
from
the
enactment
of
11
the
bill
to
appoint
a
new
member
who
meets
the
new
eligibility
12
requirements.
13
The
bill
takes
effect
upon
enactment.
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