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Board pauses Chapter 4 zoning-ordinance rewrite pending state changes to variance standards
Summary
County planning staff presented a redlined Chapter 4 of the zoning ordinance; the board agreed to delay final action until pending state legislation clarifying variance standards is resolved.
Jackson County — County planning staff presented a redlined update to Chapter 4 of the Jackson County zoning ordinance and the Board of Adjustment agreed to pause further local changes while awaiting pending state legislative action.
Laura Carstens, senior planner with the East Central Iowa Council of Governments (ECIA), reviewed the proposed restructuring that separates rules for the Board of Adjustment and the Zoning Commission into their own chapters, relocates meeting rules and hearing procedures, and adds standards for variance review to align with current Iowa case law and code.
Carstens said the redline shows new text in red and relocated material in green and that the revisions aim to make the ordinance easier for staff, board members and applicants to use. She told the board the draft pulls in existing rules adopted in 2017 and reorganizes them, and it adds recommended standards for variance review.
Board members and staff discussed a pending state bill that could change how courts and the Iowa Code treat variance standards — in particular, language governing “unnecessary hardship” and tests such as “reasonable return.” Several members asked staff to wait for the Legislature’s action before finalizing local text that would depend on the state standard.
The board directed staff to hold further ordinance work until the Legislature’s action is clarified and to bring any staff concerns to the board in the interim. Staff said they would resume review in about a month or by April, depending on the timing of state legislation.
Staff also discussed administrative clarifications to the application form and checklists, including a proposed change to have applicants acknowledge where setback measurements are taken (eaves/soffit/gutter versus foundation) and to clarify how building height is measured (midpoint of roof peak). Those procedural changes are administrative and would be incorporated into application materials.
Carstens said ECIA will track legislative changes and update the board when state law clarifies variance standards. The board did not take a vote on ordinance text at the meeting.
