Read the full stored bill text
House
File
415
-
Introduced
HOUSE
FILE
415
BY
GUSTOFF
A
BILL
FOR
An
Act
concerning
county
and
city
regulation
of
real
property
1
and
the
powers
granted
to
a
board
of
adjustment.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2544HH
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H.F.
415
Section
1.
Section
335.15,
Code
2025,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
4.
To
authorize
on
appeal,
in
specific
3
cases,
such
variance
from
the
terms
of
the
ordinance
4
with
respect
to
the
area,
dimensional,
or
other
numerical
5
limitations
as
will
not
be
contrary
to
the
public
interest,
6
where
owing
to
special
conditions
a
literal
enforcement
of
7
the
provisions
of
the
ordinance
will
result
in
practical
8
difficulties
to
the
property
owner
in
making
a
beneficial
use
9
of
the
property
allowed
by
the
zoning
ordinance,
and
so
that
10
the
spirit
of
the
ordinance
shall
be
observed
and
substantial
11
justice
done.
Area,
dimensional,
or
other
numerical
12
limitations
subject
to
variances
include
but
are
not
limited
13
to
requirements
for
minimum
lot
size,
setbacks,
yard
widths,
14
height,
bulk,
sidewalks,
fencing,
signage,
and
off-street
15
parking.
To
receive
the
requested
area,
dimensional,
or
16
other
numerical
variance,
the
property
owner
must
prove
that
17
the
practical
difficulties
faced
are
unique
to
the
property
18
at
issue
and
not
self-created
and
must
also
demonstrate
19
that
granting
the
variance
will
not
significantly
alter
the
20
essential
character
of
the
surrounding
neighborhood.
21
Sec.
2.
Section
414.12,
Code
2025,
is
amended
by
adding
the
22
following
new
subsection:
23
NEW
SUBSECTION
.
4.
To
authorize
on
appeal,
in
specific
24
cases,
such
variance
from
the
terms
of
the
ordinance
25
with
respect
to
the
area,
dimensional,
or
other
numerical
26
limitations
as
will
not
be
contrary
to
the
public
interest,
27
where
owing
to
special
conditions
a
literal
enforcement
of
28
the
provisions
of
the
ordinance
will
result
in
practical
29
difficulties
to
the
property
owner
in
making
a
beneficial
use
30
of
the
property
allowed
by
the
zoning
ordinance,
and
so
that
31
the
spirit
of
the
ordinance
shall
be
observed
and
substantial
32
justice
done.
Area,
dimensional,
or
other
numerical
33
limitations
subject
to
variances
include
but
are
not
limited
34
to
requirements
for
minimum
lot
size,
setbacks,
yard
widths,
35
-1-
LSB
2544HH
(2)
91
ll/js
1/
3
H.F.
415
height,
bulk,
sidewalks,
fencing,
signage,
and
off-street
1
parking.
To
receive
the
requested
area,
dimensional,
or
2
other
numerical
variance,
the
property
owner
must
prove
that
3
the
practical
difficulties
faced
are
unique
to
the
property
4
at
issue
and
not
self-created
and
must
also
demonstrate
5
that
granting
the
variance
will
not
significantly
alter
the
6
essential
character
of
the
surrounding
neighborhood.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
Counties
and
cities
are
granted
the
power
to
regulate
the
11
character
and
use
of
real
property
under
their
respective
12
jurisdictions
by
ordinance,
motion,
resolution,
or
amendment.
13
A
board
of
adjustment
is
appointed
by
a
county
board
of
14
supervisors
or
a
city
council
to
hear
appeals
from
property
15
owners
aggrieved
by
regulations
and
restrictions
placed
16
on
their
property.
The
board
of
adjustment
may
grant
a
17
variance
from
the
terms
of
an
ordinance
not
contrary
to
the
18
public
interest,
where
owing
to
special
conditions
a
literal
19
enforcement
of
the
provisions
of
the
ordinance
will
result
in
20
unnecessary
hardship,
and
so
that
the
spirit
of
the
ordinance
21
shall
be
observed
and
substantial
justice
done.
22
This
bill
allows
a
board
of
adjustment
to
grant
a
variance
23
from
the
terms
of
the
ordinance
with
respect
to
the
area,
24
dimensional,
or
other
numerical
limitations
not
contrary
to
the
25
public
interest,
where
owing
to
special
conditions
a
literal
26
enforcement
of
the
provisions
of
the
ordinance
will
result
27
in
practical
difficulties
to
the
property
owner
in
making
a
28
beneficial
use
of
the
property
allowed
by
the
zoning
ordinance,
29
and
so
that
the
spirit
of
the
ordinance
shall
be
observed
30
and
substantial
justice
done.
The
bill
lists
examples
of
31
restrictions
that
may
include
area,
dimensional,
and
other
32
numerical
limitations.
The
property
owner
must
prove
that
the
33
practical
difficulties
faced
are
unique
to
the
property
at
34
issue
and
not
self-created
and
will
not
significantly
alter
the
35
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3
H.F.
415
essential
character
of
the
surrounding
neighborhood.
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