USA – IOWA Law and Practice Contributed by: David M. Erickson, Christopher S. Talcott, Amy S. Montgomery and Shannon M.H. Hasse, Dentons Davis Brown PC
ing these controls, but otherwise have general “home rule” authority to exercise control over local matters. For example, Iowa Code Chapter 414 authorises municipalities to enact local zoning ordinances. Such local ordinances must comply with the general rules set forth in Chapter 414, though individual ordinances may vary. 4.2 Development Process, Challenges and Enforcement General Entitlements The process for obtaining zoning entitlements to develop a new project or complete a major refurbish - ment of an improvement on Iowa land may vary to some extent based on local ordinance. In general, zoning laws divide a city or county into districts, set - ting forth “permitted uses” within each district. If the proposed project is a permitted use, the developer need not take any further action under the zoning laws, but nevertheless must obtain approval under the site plan ordinance as to the development of the proposed permitted use as well as obtain all applica - ble building permits. Rezoning, Conditional Land Use and Variance If the proposed project is not a permitted use, the developer must pursue either a rezoning, an excep - tion or conditional/special-use permit, or a variance. A parcel of land may be rezoned either by the deci - sion of the local governing body (ie, the city council or the county board of supervisors) on its own accord or upon a petition for rezoning from the landowner. In either case, a rezoning may only be adopted after a public hearing on the proposal with proper notice as required by law. Parties in interest and the general public are entitled to be heard at the public hearing. Further, landowners or neighbouring landowners are entitled to file a written protest to a proposed rezon - ing prior to the hearing, and, if a statutory threshold of opposition is met, a super-majority vote of the local governing body will be required to approve the rezon - ing. If agreed to by the landowner, the local governing body may impose conditions on the approval of the rezoning. Certain uses of land may not be allowed as a per - mitted use by a landowner as a matter of right but may be allowed conditionally upon satisfaction of
certain standards. Such uses are variously called “special exceptions”, “special uses” or “conditional uses” depending on the local ordinance. To qualify for such a use, the landowner must file a petition with the zoning board of adjustment. The decision to grant or deny such a request is made following a public hear - ing before the zoning board of adjustment. A proposed use of land that is otherwise prohibited by a local zoning ordinance may nevertheless be permit - ted upon the granting of a “variance”. A variance may only be granted upon a showing by the landowner of “unnecessary hardship”, meaning that: • the land cannot yield a reasonable return under the permitted uses; • the plight of the owner is due to unique circum - stances and not general conditions of the neigh - bourhood; and • the proposed use will not alter the essential char - acter of the locality. The decision to grant or deny a request for variance is made by petition to the zoning board of adjustment and a public hearing before such board. Challenges/Appeals The process to appeal an adverse decision in a zoning matter depends on the nature of the decision being appealed. An appeal of an enforcement of a zoning ordinance is first made to the zoning board of adjust - ment. If the petitioner is not satisfied with the determi - nation of the zoning board of adjustment, the decision may then be further appealed for judicial review in the state district court. Similarly, a landowner who disa - grees with a zoning board of adjustment’s decision on a request for a special exception or variance may appeal to the district court for judicial review. A petition for judicial review must be filed within 30 days of the decision by the zoning board of adjust - ment. A zoning decision made by a city council or county board of supervisors may also be challenged by judicial review in the district court. Typically, such actions must be challenged within 30 days of the decision by a petition for certiorari similar to judicial review of actions by the zoning board of adjustment. However, defects in the process or action taken by the
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