USA - IOWA Law and Practice Contributed by: David M Erickson, Robert J Douglas, Jr, Christopher S Talcott and Amy S Montgomery, Dentons Davis Brown
Rezoning If the proposed project is not a permitted use, then the developer must pursue either a rezon - ing, an exception or conditional/special-use per - mit, or a variance. A parcel of land may be rezoned either by the decision 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 written protest of a proposed rezoning 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 rezoning. If agreed to by the land - owner, the local governing body may impose conditions upon the approval of the rezoning. Conditional Land Use Certain uses of land may not be allowed as a permitted 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 upon 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 hearing before the zon - ing board of adjustment. A proposed use of land that is otherwise pro - hibited by a local zoning ordinance may nev -
the details of the development of a parcel com - ply with all applicable laws and promote orderly development at the parcel level. Many counties have adopted standalone ordi - nances governing development of commercial wind energy projects. 4.3 Regulatory Authorities Local governments, meaning municipal govern - ment and county government, are responsible for regulating the development and designated use of individual parcels of real estate in Iowa. Local governments must comply with any appli - cable state law in implementing these controls, but otherwise have general “home rule” authority to exercise control over local matters. For exam - ple, Iowa Code Chapter 414 authorises munici - palities to enact local zoning ordinances. Such local ordinances must comply with the general rules set forth in Chapter 414, but individual ordi - nances may vary. 4.4 Obtaining Entitlements to Develop a New Project Zoning Entitlements The process for obtaining zoning entitlements to develop a new project or complete a major refur - bishment of an improvement on Iowa land may vary to some extent based upon local ordinance. In general, zoning laws divide a city or county into districts setting forth “permitted uses” within each district. If the proposed project is a permit - ted use, then the developer need not take any further action under the zoning laws, but nev - ertheless must obtain approval under the site plan ordinance as to the development of the proposed permitted use as well as obtaining all applicable building permits.
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