Bill Text: IA SF132 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to special exceptions and variances from city zoning regulations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-02-01 - Subcommittee: Guth, Allen, and Greene. S.J. 198. [SF132 Detail]

Download: Iowa-2017-SF132-Introduced.html

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Senate File 132 - Introduced




                                 SENATE FILE       
                                 BY  BOWMAN

                                      A BILL FOR

  1 An Act relating to special exceptions and variances from city
  2    zoning regulations.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1996XS (2) 87
    aw/sc

PAG LIN



  1  1    Section 1.  Section 414.12, subsections 2 and 3, Code 2017,
  1  2 are amended to read as follows:
  1  3    2.  To hear and decide special exceptions to the terms of
  1  4 the ordinance upon which such board is required to pass under
  1  5 such ordinance, unless procedures to hear and decide special
  1  6 exceptions are otherwise provided by ordinance.
  1  7    3.  To authorize upon appeal in specific cases such variance
  1  8 from the terms of the ordinance as will not be contrary to the
  1  9 public interest, where owing to special conditions a literal
  1 10 enforcement of the provisions of the ordinance will result in
  1 11 unnecessary hardship practical difficulty, and so that the
  1 12 spirit of the ordinance shall be observed and substantial
  1 13 justice done.
  1 14                           EXPLANATION
  1 15 The inclusion of this explanation does not constitute agreement with
  1 16 the explanation's substance by the members of the general assembly.
  1 17    This bill relates to special exceptions and variances from
  1 18 city zoning regulations.
  1 19    Under current law, a city's zoning board of adjustment is
  1 20 granted the power to hear and decide special exceptions to
  1 21 city zoning regulations. The bill provides that the board
  1 22 of adjustment is granted such powers unless procedures are
  1 23 otherwise provided by the city council by ordinance.
  1 24    Current law also allows the board of adjustment to authorize
  1 25 a variance from zoning regulations not contrary to the public
  1 26 interest if, based upon special conditions, literal enforcement
  1 27 of the provisions of the zoning regulations will result in
  1 28 unnecessary hardship.  The bill allows the granting of a
  1 29 variance if literal enforcement of the provisions of the
  1 30 ordinance will result in practical difficulty, rather than
  1 31 unnecessary hardship.
       LSB 1996XS (2) 87
       aw/sc