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 (2) 91 ll/js
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 explanations 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 -2- LSB 2544HH (2) 91 ll/js 2/ 3
H.F. 415 essential character of the surrounding neighborhood. 1 -3- LSB 2544HH (2) 91 ll/js 3/ 3