Senate File 2285 - Enrolled
Senate File 2285
AN ACT
RELATING TO ZONING BY COUNTIES AND CITIES, AND INCLUDING
EFFECTIVE DATE PROVISIONS.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 335.2A Sale of consumer fireworks
2 —— limitation.
3 A county shall not adopt or enforce any ordinance under
4 this chapter to regulate, restrict, or prohibit the location
5 of permanent buildings or temporary structures used for the
6 sale of consumer fireworks pursuant to section 100.19, in any
7 location zoned for commercial or industrial purposes.
8 Sec. 2. Section 414.1, subsection 1, Code 2022, is amended
9 by adding the following new paragraph:
10 NEW PARAGRAPH. f. A city shall not adopt or enforce any
11 regulation or restriction under this chapter to regulate,
12 restrict, or prohibit the location of permanent buildings or
13 temporary structures used for the sale of consumer fireworks
14 pursuant to section 100.19, in any location zoned for
15 commercial or industrial purposes.
16 Sec. 3. Section 414.23, subsections 2 and 3, Code 2022, are
17 amended to read as follows:
18 2. A municipality, during the time its zoning jurisdiction
19 is extended under this section, shall increase the size of its
20 planning and zoning commission and its board of adjustment
21 each by two members. The planning and zoning commission shall
22 include a member of the board of supervisors of the affected
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23 county, or the board’s designee, and a resident of the area
24 outside the city limits over which the zoning jurisdiction
25 is extended. The member of the board of supervisors or the
26 board’s designee, if any, shall also be a resident of the
27 county in which such extended area is located outside the
28 city limits over which the zoning jurisdiction is extended.
29 The additional members of the board of adjustment shall be
30 residents of the area outside the city limits over which
31 the zoning jurisdiction is extended. At least one of the
32 additional members of the planning and zoning commission
33 and at least one of the additional members of the board
34 of adjustment shall own land that is actively used for an
35 agricultural purpose as defined in section 570A.1, except when
1 such requirement prevents the identification of an eligible and
2 willing appointee for the planning and zoning commission or
3 board of adjustment for at least six months from the effective
4 date of the extension of zoning jurisdiction. The failure
5 to identify an eligible and willing appointee who owns land
6 that is actively used for an agricultural purpose shall be
7 determined independently for the planning and zoning commission
8 and the board of adjustment. The county supervisor, or the
9 board’s designee, and the residents shall be appointed by the
10 board of supervisors of the county in which such extended area
11 is located. The county supervisor, or the board’s designee,
12 and the residents shall serve for the same terms of office
13 and have the same rights, privileges, and duties as other
14 members of each of the bodies. However, if the extended zoning
15 jurisdiction of a municipality extends into an adjacent county
16 without a county zoning ordinance, the boards of supervisors
17 of the affected counties, jointly, shall appoint one of their
18 members, or a designee, to the planning and zoning commission.
19 3. Property owners affected by such zoning regulations
20 pursuant to this section shall have the same rights of hearing,
21 protest, and appeal as those property owners residing within
22 the municipality exercising this power. A city may request, but
23 shall not require, from a property owner affected by zoning
24 regulations pursuant to this section the consent to annexation
25 under chapter 368 as a condition of receiving approval for a
26 zoning classification, special or conditional use, variance,
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27 permit, or division of land into two or more tracts.
28 Sec. 4. EFFECTIVE DATE. The following, being deemed of
29 immediate importance, take effect upon enactment:
30 1. The section of this Act enacting section 335.2A.
31 2. The section of this Act enacting section 414.1,
32 subsection 1, paragraph “f”.
______________________________ ______________________________
JAKE CHAPMAN PAT GRASSLEY
President of the Senate Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2285, Eighty-ninth General Assembly.
______________________________
W. CHARLES SMITHSON
Secretary of the Senate
Approved _______________, 2022 ______________________________
KIM REYNOLDS
Governor


Statutes affected:
Enrolled: 100.19