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Bill > HF415


IA HF415

A bill for an act concerning county and city regulation of real property and the powers granted to a board of adjustment.(See HF 652.)


summary

Introduced
02/13/2025
In Committee
02/13/2025
Crossed Over
Passed
Dead

Introduced Session

91st General Assembly

Bill Summary

Counties and cities are granted the power to regulate the character and use of real property under their respective jurisdictions by ordinance, motion, resolution, or amendment. A board of adjustment is appointed by a county board of supervisors or a city council to hear appeals from property owners aggrieved by regulations and restrictions placed on their property. The board of adjustment may grant a variance from the terms of an ordinance not contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. This bill allows a board of adjustment to grant a variance from the terms of the ordinance with respect to the area, dimensional, or other numerical limitations not contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the ordinance will result in practical difficulties to the property owner in making a beneficial use of the property allowed by the zoning ordinance, and so that the spirit of the ordinance shall be observed and substantial justice done. The bill lists examples of restrictions that may include area, dimensional, and other numerical limitations. The property owner must prove that the practical difficulties faced are unique to the property at issue and not self-created and will not significantly alter the essential character of the surrounding neighborhood.

AI Summary

This bill modifies existing Iowa law to expand the powers of county boards of adjustment and city councils in granting property variances. The bill allows these boards to authorize variances from zoning ordinances related to area, dimensional, and numerical limitations when strict enforcement would create practical difficulties for property owners in using their land as permitted by zoning regulations. Specifically, variances can be granted for requirements such as minimum lot size, setbacks, yard widths, building height, bulk, sidewalks, fencing, signage, and off-street parking. To obtain a variance, property owners must prove that their difficulties are unique to the specific property, not self-created, and that the variance will not fundamentally change the character of the surrounding neighborhood. The proposed changes apply to both county and city zoning regulations, providing property owners with more flexibility in land use while maintaining the overall intent of existing zoning ordinances and protecting the interests of the broader community.

Committee Categories

Government Affairs

Sponsors (1)

Last Action

Withdrawn. H.J. 660. (on 03/14/2025)

bill text


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