Bills › 91st General Assembly
Concerning county and city regulation of real property and the powers granted to a board of adjustment
Sponsored by the House Local Government Committee, Rep. Bill Gustoff (R)
Where it is now
- Done: IntroducedFebruary 13, 2025
- Done: SubcommitteeFebruary 17, 2025
- Done: House committeeFebruary 25, 2025
- Done: Passes the HouseMarch 13, 202589–6
- Done: Senate committeeApril 3, 2025
- Done: Passes the SenateApril 15, 202547–0
- Done: To the GovernorApril 24, 2025
- Done: Signed into lawApril 25, 2025
Signed into law What’s a funnel?
What’s in it
AI summary Local governments and their boards of adjustment can grant property owners exceptions to certain zoning rules. Instead of needing to prove extreme hardship, owners can now show that following the rules would cause practical difficulties for their specific property. To get this exception, the owner must prove the problem is unique to their land and won't change the feel of the neighborhood.1
Read the official explanation
Counties and cities are granted the power to regulate the character and use of real property under their respective jurisdictions by ordinance, motion, resolution, or amendment. A board of adjustment is appointed by a county board of supervisors or a city council to hear appeals from property owners aggrieved by regulations and restrictions placed on their property. The board of adjustment may grant a variance from the terms of an ordinance not contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. This bill allows a board of adjustment to grant a variance from the terms of the ordinance with respect to the area, dimensional, or other numerical limitations not contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the ordinance will result in practical difficulties to the property owner in making a beneficial use of the property allowed by the zoning ordinance, and so that the spirit of the ordinance shall be observed and substantial justice done. The bill lists examples of restrictions that may include area, dimensional, and other numerical limitations. The property owner must prove that the practical difficulties faced are unique to the property at issue and not self-created and will not significantly alter the essential character of the surrounding neighborhood.
Why it matters. Cities and counties can regulate how land is used, and property owners can appeal these rules to a board of adjustment. Under this change, boards of adjustment could grant variances for area or dimensional limitations if a property owner proves that unique, non-self-created conditions make following the rules a practical difficulty for using their land.2
Iowa Code it changes
Lobbying
1 for · 0 against · 18 undecided · Who →
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