HF 2512 — A bill for an act relating to county zoning procedures, and including effective date and applicability provisions. (Formerly HSB 632.) Effective date: 06/01/2020. Applicability date: 07/01/2020.

House File 2512 - IntroducedEnrolled HOUSEHouse FILEFile 2512 BYAN COMMITTEEACT ONRELATING STATE GOVERNMENT (SUCCESSOR TO HSBCOUNTY 632)ZONING (COMPANIONPROCEDURES, TOAND SFINCLUDING 2264EFFECTIVE BYDATE COMMITTEEAND ONAPPLICABILITY LOCALPROVISIONS. GOVERNMENT) A BILL FOR An Act relating to county zoning procedures, and including effective date and applicability provisions.

TLSBSection 5723HV1. (1) 88 js/ns H.F.

2512 Section 1.

b.House File 2512, p.

2 b.

Following its adoption, copies of the comprehensive plan or amended plan shall be sent or made available to LSBneighboring 5723HVcounties, (1)cities 88within -1-the js/nscounty, 1/5the H.F.council of governments or regional planning commission where the county is located, and public libraries within the county.

2512 neighboring counties, cities within the county, the council of governments or regional planning commission where the county is located, and public libraries within the county.

In order to avail itself of the powers conferred by this chapter, the board of supervisors shall appoint a commission, a majority of whose members shall reside within the county but outside the corporate limits of any city, consisting of eligible electors, as defined in section 39.3, who reside within the area regulated by the county zoning ordinance, to be known as the county zoning commission, toto. .

The commission’s reportHouse andFile any2512, recommendationsp. may include a proposed ordinance or amendments to an ordinance.

3 report and any recommendations may include a proposed ordinance or amendments to an ordinance.

The board of adjustment shall consist of five members, a majority of whom shall reside within the county but outside the corporate limits of any city who are eligible electors, as defined in section 39.3, and who reside within the area LSBregulated 5723HVby (1)the 88county -2-zoning js/nsordinance 2/5, H.F.each to be appointed for a term of five years, excepting that when the board shall first be created one member shall be appointed for a term of five years, one for a term of four years, one for a term of three years, one for a term of two years, and one for a term of one year.

2512 regulated by the county zoning ordinance, each to be appointed for a term of five years, excepting that when the board shall first be created one member shall be appointed for a term of five years, one for a term of four years, one for a term of three years, one for a term of two years, and one for a term of one year.

If a current member of a county zoning commission or county board of adjustment does not meet the eligibility requirementsHouse providedFile in2512, thisp. Act, the position of the member shall be deemed vacant as provided in section 69.2, and the county board of supervisors shall appoint a successor member who meets the eligibility requirements provided in this Act within one year of the effective date of this Act.

LSB4 5723HVrequirements (1)provided 88in -3-this js/nsAct, 3/5the H.F.position of the member shall be deemed vacant as provided in section 69.2, and the county board of supervisors shall appoint a successor member who meets the eligibility requirements provided in this Act within one year of the effective date of this Act.

2512______________________________ EXPLANATION______________________________ ThePAT inclusionGRASSLEY ofCHARLES thisSCHNEIDER explanationSpeaker doesof notthe constituteHouse agreementPresident withof the explanation’sSenate substanceI byhereby thecertify membersthat ofthis bill originated in the generalHouse assembly.and is known as House File 2512, Eighty-eighth General Assembly.

This______________________________ billMEGHAN relatesNELSON toChief theClerk applicability of county zoning ordinances, the zoningHouse dutiesApproved of_______________, county2020 boards______________________________ ofKIM supervisors,REYNOLDS andGovernor the membership of county zoning commissions and county boards of adjustment.

Current law exempts certain buildings and structures used for agricultural purposes from county zoning ordinances.

The bill prohibits a county from requiring an application, approval, or payment of a fee for the exemption to apply to land, farm barns, farm outbuildings, or other buildings or structures that are primarily adopted for use for agricultural purposes.

Under the bill, agricultural land, buildings, and structures can qualify for the exemption independently or in combination with other agricultural uses.

The bill specifies that land enrolled in a soil or water conservation program qualifies for the agricultural exemption.

Current law allows a county board of supervisors to amend a comprehensive plan at any time.

The bill strikes this provision and requires county boards of supervisors to follow the same procedures to adopt amendments to a comprehensive plan that they would for adopting the comprehensive plan.

The bill prohibits a county board of supervisors from holding a public hearing or otherwise acting on a recommendation proposed by the county zoning commission until the county zoning commission provides a final report with its recommendation.

The bill requires the county board of supervisors to hold a public hearing before adopting a comprehensive plan.

This provision of the bill applies to comprehensive plans and amendments to comprehensive plans proposed or adopted on or after July 1, 2020.

Current law requires only a majority of members of a given county zoning commission or county board of adjustment to reside in the county outside of the corporate limits of LSB 5723HV (1) 88 -4- js/ns 4/5 H.F.

2512 any city.

The bill instead requires a member of the zoning commission or board of adjustment to be an eligible elector, as defined in Code section 39.3, and to reside in the area that the county zoning ordinance regulates.

These provisions of the bill apply to members of zoning commissions and boards of adjustment on and after the effective date of the bill.

If a person currently serving on a zoning commission or board of adjustment is no longer eligible to hold that position due to the new eligibility requirements of the bill, that position shall be deemed vacant and the county board of supervisors shall have up to one year from the enactment of the bill to appoint a new member who meets the new eligibility requirements.

The bill takes effect upon enactment.

LSB 5723HV (1) 88 -5- js/ns 5/5