Title IX, LOCAL GOVERNMENT (Ch. 331 - 420)

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the county affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board …

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with the officer that by reason of facts stated in the certificate a …

The board of adjustment shall have the following powers: 1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter or of any ordinance adopted pursuan…

In exercising the powers in section 335.15 , the board of adjustment may, in conformity with the provisions of this chapter , reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, …

The concurring vote of three members of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of an administrative official, or to decide in favor of the applicant on any matter upon which the board is required to pass under an o…

Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment under the provisions of this chapter , or any taxpayer, or any officer, department, board, or bureau of the county, may present to a court of record a petition, duly verified, settin…

Upon the presentation of a petition under section 335.18 , the court may allow a writ of certiorari directed to the board of adjustment to review the decision of the board of adjustment and shall prescribe within the writ the time within which a return must be made and served upo…

1. Except to the extent required to implement section 335.27 , no ordinance adopted under this chapter applies to land, farm houses, farm barns, farm outbuildings, or other buildings or structures that are primarily adapted, by reason of nature and area, for use for agricultural …

The board of adjustment shall not be required to return the original papers acted upon by the board, but it shall be sufficient to return certified or sworn copies of the originals or of such portions of the originals as may be called for by the writ under section 335.19 . The re…

1. If upon the hearing which shall be tried de novo it shall appear to the court that testimony is necessary for the proper disposition of the matter, the court may take evidence or appoint a referee to take such evidence as the court may direct and report the evidence to the cou…

All issues in any proceedings under sections 335.18 through 335.21 shall have preference over all other civil actions and proceedings. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §358A.22 ] C93, §335.22 2009 Acts, ch 133, §127

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained; or any building, structure, or land is used in violation of this chapter or of any ordinance or other regulation made under authority conferred thereby, the boar…

If the regulations made under this chapter require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than …

1. It is the intent of this section to assist in improving the quality of life of persons with a developmental disability or brain injury by integrating them into the mainstream of society by making available to them community residential opportunities in the residential areas of…

In approving the improvement of property acquired to establish, use, and maintain a new shooting range or in approving a substantial change to an existing shooting range pursuant to section 657.9, subsection 1 , the county zoning commission, or if there is not a county zoning com…

If a county adopts an agricultural land preservation ordinance under this chapter which subjects farmland to the same use restrictions provided in section 352.6 for agricultural areas, then section 6B.3, subsection 1 , paragraph “f” , and sections 352.10 through 352.12 shall appl…

1. For purposes of this section , “agricultural experience” includes any agriculture-related activity, as a secondary use in conjunction with agricultural production, on a farm which activity is open to the public with the intended purpose of promoting or educating the public abo…

A county shall not adopt or enforce any ordinance under this chapter to regulate, restrict, or prohibit the location of permanent buildings or temporary structures used for the sale of consumer fireworks pursuant to section 10A.519 , in any location zoned for commercial or indust…

1. Subject to section 335.2 , the board of supervisors may by ordinance regulate and restrict the height, number of structures, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of…

1. A county shall not adopt or enforce zoning regulations or other ordinances which disallow the plans and specifications of a proposed residential structure solely because the proposed structure is a manufactured home. However, a zoning ordinance or regulation shall require that…

1. A county shall not adopt or enforce zoning or subdivision regulations or other ordinances which disallow or make infeasible the plans and specifications of land-leased communities because the housing within the land-leased community will be manufactured housing. 2. “Land-lease…

A county board of supervisors or county zoning commission shall consider a home for persons with disabilities a family home, as defined in section 335.25 , for the purposes of zoning, in accordance with chapter 504C . 93 Acts, ch 90, §3 ; 94 Acts, ch 1023, §108 ; 2010 Acts, ch 10…

A county board of supervisors or county zoning commission shall consider an elder group home a family home, as defined in section 335.25 , for purposes of zoning, in accordance with section 231B.4 , and may establish limitations regarding the proximity of one proposed elder group…

1. A county, county board of supervisors, or county zoning commission shall consider the residence of the recipient of services under a home and community-based services waiver as a residential use of property for the purposes of zoning and shall treat the use of the residence as…

1. For purposes of this section : a. “Goods” means any merchandise, equipment, products, supplies, or materials. b. “Home-based business” means any business for the manufacture, provision, or sale of goods or services that is owned and operated by the owner or tenant of the resid…

The board of supervisors may divide the county, or any area or areas within the county, into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this chapter ; and within such districts it may regulate and restrict the erection, con…

1. The regulations shall be made in accordance with a comprehensive plan and designed to preserve the availability of agricultural land; to consider the protection of soil from wind and water erosion; to encourage efficient urban development patterns; to lessen congestion in the …

The board of supervisors shall provide for the manner in which the regulations and restrictions and the boundaries of the districts shall be determined, established, and enforced, and from time to time amended, supplemented, or changed. However, the regulation, restriction, or bo…

The regulations, restrictions, and boundaries may be amended, supplemented, changed, modified, or repealed. Notwithstanding section 335.4 , as a part of an ordinance changing land from one zoning district to another zoning district or an ordinance approving a site development pla…

1. In order to avail itself of the powers conferred by this chapter, the board of supervisors shall appoint a commission consisting of eligible electors, as defined in section 39.3 , who reside within the county, but outside the corporate limits of any city, to be known as the co…

The board of supervisors shall appoint an administrative officer authorized to enforce the resolutions or ordinances adopted by the board of supervisors. The administrative officer may be a person holding other public office in the county, or in a city or other governmental subdi…