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IA SF569
A bill for an act concerning county and city regulation of real property and the powers granted to a board of adjustment.(Formerly SSB 1185.)
summary
Introduced
03/10/2025
03/10/2025
In Committee
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 supervisors and city councils regarding property zoning variances. Specifically, the bill allows boards of adjustment to grant variances for area, dimensional, and numerical limitations in zoning ordinances when property owners face practical difficulties in using their property. The bill provides that such variances must not be contrary to the public interest and must maintain the spirit of the original zoning ordinance. Examples of limitations that can be varied include minimum lot size, setbacks, yard widths, height, bulk, sidewalks, fencing, signage, and off-street parking. To receive a variance, property owners must prove that their difficulties are unique to the specific property, not self-created, and that the variance will not significantly alter the neighborhood's essential character. The bill applies to both county and city zoning regulations, updating sections 335.15 and 414.12 of the Iowa Code, and aims to provide more flexibility for property owners while maintaining community planning standards.
Sponsors (0)
No sponsors listed
Other Sponsors (1)
Commerce (S)
Last Action
Withdrawn. S.J. 788. (on 04/15/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=SF569 |
| BillText | https://www.legis.iowa.gov/docs/publications/LGI/91/attachments/SF569.html |
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