HF 2636

House
File
2636
-
Introduced
HOUSE
FILE
2636
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
HF
2062)
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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2636
Section
1.
Section
414.5,
Code
2026,
is
amended
to
read
as
1
follows:
2
414.5
Changes
——
protest.
3
The
regulations,
restrictions,
and
boundaries
may,
from
4
time
to
time,
be
amended,
supplemented,
changed,
modified,
5
or
repealed.
Notwithstanding
section
414.2
,
as
a
part
of
an
6
ordinance
changing
land
from
one
zoning
district
to
another
7
zoning
district
or
an
ordinance
approving
a
site
development
8
plan,
a
council
may
impose
conditions
on
a
property
owner
9
which
that
are
in
addition
to
existing
regulations
if
the
10
additional
conditions
have
been
agreed
to
in
writing
by
the
11
property
owner
before
the
public
hearing
required
under
this
12
section
or
any
adjournment
of
the
hearing.
The
conditions
13
must
be
reasonable
and
imposed
to
satisfy
public
needs
which
14
that
are
directly
caused
by
the
requested
change.
In
case,
15
however,
of
a
written
protest
against
a
change
or
repeal
which
16
that
is
filed
with
the
city
clerk
and
signed
by
a
majority
of
17
the
owners
of
twenty
percent
or
more
of
the
area
of
the
lots
18
included
in
the
proposed
change
or
repeal,
or
by
the
owners
of
19
twenty
percent
or
more
of
the
property
which
that
is
located
20
within
two
hundred
feet
of
the
exterior
boundaries
of
the
21
property
for
which
the
change
or
repeal
is
proposed,
the
change
22
or
repeal
shall
not
become
effective
except
by
the
favorable
23
vote
of
at
least
three-fourths
two-thirds
of
all
the
members
of
24
the
council.
The
protest,
if
filed,
must
be
filed
before
or
at
25
the
public
hearing.
The
provisions
of
section
414.4
relative
26
to
public
hearings
and
official
notice
apply
equally
to
all
27
changes
or
amendments.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
Under
Code
section
414.5,
as
a
part
of
an
ordinance
changing
32
land
from
one
zoning
district
to
another
zoning
district
or
an
33
ordinance
approving
a
site
development
plan,
a
city
council
34
may
impose
conditions
on
a
property
owner
in
addition
to
35
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H.F.
2636
existing
regulations
if
the
additional
conditions
have
been
1
agreed
to
in
writing
by
the
property
owner
before
the
public
2
hearing
required
or
adjournment
of
the
hearing.
The
conditions
3
must
be
reasonable
and
imposed
to
satisfy
public
needs
that
4
are
directly
caused
by
the
requested
change.
If,
however,
a
5
written
protest
against
a
change
or
repeal
is
filed
with
the
6
city
clerk
and
is
signed
by
the
owners
of
20
percent
or
more
7
of
the
area
of
the
lots
included
in
the
proposed
change
or
8
repeal,
or
by
the
owners
of
20
percent
or
more
of
the
property
9
that
is
located
within
200
feet
of
the
exterior
boundaries
10
of
the
property
for
which
the
change
or
repeal
is
proposed,
11
the
change
or
repeal
shall
not
become
effective
except
by
the
12
favorable
vote
of
at
least
three-fourths
of
all
the
members
of
13
the
council.
The
protest,
if
filed,
must
be
filed
before
or
at
14
the
public
hearing.
15
This
bill
requires
the
written
protest
to
be
signed
by
a
16
majority
of
the
owners
of
the
lots
included
in
the
proposed
17
change
or
repeal,
or
by
the
owners
of
20
percent
or
more
of
18
the
property
that
is
located
within
200
feet
of
the
exterior
19
boundaries
of
the
property.
The
bill
requires
two-thirds
of
20
all
the
members
of
the
council
to
vote
favorably
for
the
change
21
to
become
effective.
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