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Senate
File
2091
-
Introduced
SENATE
FILE
2091
BY
DRISCOLL
A
BILL
FOR
An
Act
relating
to
the
ability
of
property
owners
to
protest
1
proposed
changes
in
zoning
districts.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
657.9,
subsection
1,
Code
2026,
is
1
amended
to
read
as
follows:
2
1.
Before
a
person
improves
property
acquired
to
establish,
3
use,
and
maintain
a
shooting
range
by
the
erection
of
4
buildings,
breastworks,
ramparts,
or
other
works
or
before
a
5
person
substantially
changes
the
existing
use
of
a
shooting
6
range,
the
person
shall
obtain
approval
of
the
county
zoning
7
commission
or
the
city
zoning
commission,
whichever
is
8
appropriate.
The
appropriate
commission
shall
comply
with
9
section
335.8
or
414.6
.
In
the
event
a
county
or
city
does
10
not
have
a
zoning
commission,
the
county
board
of
supervisors
11
or
the
city
council
shall
comply
with
section
335.6
or
414.5
12
before
granting
the
approval.
13
Sec.
2.
REPEAL.
Section
414.5,
Code
2026,
is
repealed.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
repeals
the
ability
of
property
owners
to
submit
18
a
written
protest
to
challenge
a
proposed
change
in
a
zoning
19
district.
20
Under
Code
section
414.5,
as
a
part
of
an
ordinance
changing
21
land
from
one
zoning
district
to
another
zoning
district
or
an
22
ordinance
approving
a
site
development
plan,
a
city
council
23
may
impose
conditions
on
a
property
owner
in
addition
to
24
existing
regulations
if
the
additional
conditions
have
been
25
agreed
to
in
writing
by
the
property
owner
before
the
required
26
public
hearing
or
adjournment
of
the
hearing.
The
conditions
27
must
be
reasonable
and
imposed
to
satisfy
public
needs
that
28
are
directly
caused
by
the
requested
change.
If,
however,
a
29
written
protest
against
a
change
or
repeal
is
filed
with
the
30
city
clerk
and
is
signed
by
the
owners
of
20
percent
or
more
31
of
the
area
of
the
lots
included
in
the
proposed
change
or
32
repeal,
or
by
the
owners
of
20
percent
or
more
of
the
property
33
that
is
located
within
200
feet
of
the
exterior
boundaries
34
of
the
property
for
which
the
change
or
repeal
is
proposed,
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the
change
or
repeal
shall
not
become
effective
except
by
the
1
favorable
vote
of
at
least
three-fourths
of
all
the
members
of
2
the
council.
The
protest,
if
filed,
must
be
filed
before
or
at
3
the
public
hearing.
The
bill
repeals
Code
section
414.5.
4
Current
law
requires
a
person
to
obtain
approval
from
5
the
city
zoning
commission
before
substantially
changing
the
6
existing
use
of
a
shooting
range
or
improving
property
that
7
was
acquired
to
maintain
a
shooting
range
within
the
city.
In
8
the
event
the
city
does
not
have
a
zoning
commission,
the
city
9
council
shall
comply
with
Code
section
414.5
before
granting
10
approval.
Due
to
the
repeal
of
Code
section
414.5,
the
bill
11
eliminates
the
requirement
that
a
city
council
comply
with
Code
12
section
414.5
before
approval.
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