By attorney Kristine Stone
Effective July 1, 2026, an individual who is affected by a variance granted by a city’s board of adjustment may appeal the variance to the city council within sixty days. The effective date of the variance shall be stayed during the council’s review of the appeal. A variance’s effective date is not automatically stayed during the 60-day appeal window.
In addition, the council may, on its own initiative, review and either remand a variance back to the board of adjustment for further study, in which case the variance is delayed for thirty days from the date of remand, or overturn the board’s decision on the variance even if an appeal has not been brought. The council may only overturn a decision of the board by a vote of two-thirds of all members of the council.
This is a significant change in Iowa law, as variances were previously only able to be appealed to an Iowa district court. This right to appeal to the district court from a board’s decision either granting or denying a variance has not changed, and is required to be brought within 30 days of the filing of the board’s decision.
The new legislation does not address how a city will need to resolve competing appeals, if multiple avenues for appeal are sought by different parties. The legislation also does not address how variance decisions shall be presented to the city council to determine whether review is desired or not.
Planning and zoning officials are advised to consult with legal counsel to determine whether local ordinances or procedural rules should be revised to address these new requirements.
*See SF2378, amending Iowa Code sec. 414.7(2).
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