Bill Text: IA HF357 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the powers of city boards of adjustment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF357 Detail]
Download: Iowa-2011-HF357-Introduced.html
House
File
357
-
Introduced
HOUSE
FILE
357
BY
JORGENSEN
A
BILL
FOR
An
Act
relating
to
the
powers
of
city
boards
of
adjustment.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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357
Section
1.
Section
414.12,
subsection
3,
Code
2011,
is
1
amended
to
read
as
follows:
2
3.
To
authorize
upon
appeal
in
specific
cases
such
variance
3
from
the
terms
of
the
ordinance
as
will
not
be
contrary
to
4
the
public
interest
,
and,
under
the
circumstances
appealed
5
from,
will
better
carry
out
the
intent
of
the
ordinance
and
6
comprehensive
plan
than
strict
adherence
to
the
ordinance
7
in
instances
where
owing
to
special
conditions
a
literal
8
enforcement
of
the
height,
bulk,
or
area
provisions
of
the
9
ordinance
will
result
in
practical
difficulties,
or
in
the
10
case
of
provisions
related
to
the
use
of
property,
when
an
11
unnecessary
hardship
,
and
so
such
that
the
spirit
of
the
12
ordinance
shall
be
observed
and
a
substantial
justice
done
13
injustice
would
occur
as
a
result
of
strict
adherence
to
the
14
ordinance
.
15
EXPLANATION
16
The
bill
modifies
the
authority
of
city
boards
of
adjustment
17
to
issue
variances.
18
Current
law
permits
the
board
of
adjustment
to
grant
a
19
variance
from
the
ordinance
in
the
event
that
such
a
variance
20
would
not
be
against
the
public
interest
and
is
necessitated
21
by
the
creation
of
an
unnecessary
hardship.
Such
a
variance
22
may
only
be
granted
in
the
event
that
the
spirit
of
the
zoning
23
ordinance
and
justice
can
be
maintained.
24
The
bill
would
require
that
a
board
of
adjustment
only
25
grant
a
variance
when
it
would
not
be
counter
to
the
public
26
interest,
and
when,
under
the
circumstances
appealed
from,
27
the
variance
would
better
carry
out
the
intent
of
the
zoning
28
ordinance
and
the
comprehensive
plan.
In
regard
to
height,
29
bulk,
and
area
restrictions,
the
bill
will
allow
the
board
to
30
authorize
a
variance
where
strict
compliance
would
result
in
31
practical
difficulties.
In
regard
to
the
use
of
property,
the
32
bill
will
allow
the
board
to
grant
a
variance
in
cases
where
33
strict
compliance
with
the
ordinance
would
create
a
substantial
34
injustice.
35
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