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Home » US Law » 2022 Iowa Code » Title IX - LOCAL GOVERNMENT » Chapter 414 - CITY ZONING

Section 414.10 – Appeals.

414.10 Appeals. Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality 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 by filing with the […]

Section 414.11 – Effect of appeal.

414.11 Effect of appeal. 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 stay would […]

Section 414.12 – Powers.

414.12 Powers. 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 pursuant thereto. 2. To hear and decide special […]

Section 414.13 – Decision on appeal.

414.13 Decision on appeal. In exercising the powers enumerated in section 414.12, 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, decision, or determination as ought to be […]

Section 414.14 – Vote required.

414.14 Vote required. The concurring vote of three members of the board in the case of a five-member board, four members in the case of a seven-member board, and five members in the case of a nine-member board, shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or […]

Section 414.15 – Petition for certiorari.

414.15 Petition for certiorari. 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 municipality, may present to a court of record a petition, duly verified, setting forth that such decision […]

Section 414.16 – Writ — restraining order.

414.16 Writ — restraining order. Upon the presentation of such petition, the court may allow a writ of certiorari directed to the board of adjustment to review such decision of the board of adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator’s attorney, which […]

Section 414.17 – Return.

414.17 Return. The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may […]

Section 414.18 – Trial — judgment — costs.

414.18 Trial — judgment — costs. 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 it may direct. The referee shall report […]

Section 414.19 – Preference in trial.

414.19 Preference in trial. All issues in any proceedings under sections 414.15 through 414.18 shall have preference over all other civil actions and proceedings. [C24, 27, 31, 35, 39, §6470; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §414.19] 2009 Acts, ch 133, §133

Section 414.2 – Districts.

414.2 Districts. For any or all of the purposes of this chapter, the local legislative body, referred to as the council, may divide the city into districts, including historical preservation districts but only as provided in section 303.34, of such number, shape, and area as may be deemed best suited to carry out the purposes […]

Section 414.20 – Actions to correct violations.

414.20 Actions to correct violations. 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 council, in addition to other remedies, may institute any […]

Section 414.21 – Conflicting rules, ordinances, and statutes.

414.21 Conflicting rules, ordinances, and statutes. If the regulations made under this chapter require a greater width or size of yards, courts or other open spaces, or a lower height of building or less number of stories, or a greater percentage of lot to be left unoccupied, or impose other higher standards than are required […]

Section 414.22 – Zoning for family homes.

414.22 Zoning for family homes. 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 this state. In order […]

Section 414.23 – Extending beyond city limits.

414.23 Extending beyond city limits. 1. The powers granted by this chapter may be extended by ordinance by any city to the unincorporated area up to two miles beyond the limits of such city, except for those areas within a county where a county zoning ordinance exists. The ordinance shall describe in general terms the […]

Section 414.24 – Restricted residence districts.

414.24 Restricted residence districts. 1. A city may, and upon petition of sixty percent of the owners of the real estate in the district sought to be affected who are residents of the city shall, designate and establish, after notice and hearing as provided in section 414.4, restricted residence districts within the city limits. 2. […]

Section 414.25 – Transitional provisions.

414.25 Transitional provisions. 1. Of the two additional members which may be appointed to increase a five-member board of adjustment to a seven-member board after January 1, 1980, one member shall be appointed to an initial term of five years and one member shall be appointed to an initial term of four years. The terms […]

Section 414.26 – Shooting ranges.

414.26 Shooting ranges. 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 city zoning commission, or if there is not a city zoning commission, the city council, shall apply and […]

Section 414.28 – Manufactured home.

414.28 Manufactured home. 1. As used in this section, “manufactured home” means a factory-built structure, which is manufactured or constructed under the authority of 42 U.S.C. §5403 and is to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing it to […]