Washington Evening Journal

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Neighbors Growing Together | Nov 19, 2017

County attorney lays out what needs to be done to rescind zoning

By Linda Wenger | Jun 07, 2013

Washington County Attorney Larry Brock sent a letter to the Washington County Board of Supervisors and local media Thursday afternoon detailing the possible procedures and time table the supervisors could use to rescind zoning. The document states that Brock’s office will prepare a draft resolution and draft ordinance, if the board desires, for the board’s review at the June 25 board of supervisors meeting. He will be out of town from June 9-13 and in court on June 17.
The procedure and time frame is in the form of a letter to the supervisors and is in response to Supervisor Stan Stoops’ request for procedure and time frame. Stoops asked Brock for this information during the board’s weekly meeting on Tuesday, June 4. In addition to the letter are excerpts of Iowa Code that applies to the document.
The county attorney’s office states that the first action the supervisors should take is to formally decide how they want to respond to the report of the Planning and Zoning Commission. If they chose to continue the process of rescinding zoning, the board could use the following motion, “I move that the Board begin the process to draft a resolution for the enactment of an ordinance rescinding the Zoning Ordinance of Washington County, Iowa pursuant to Iowa Code sections 331.302, 331.305 and 335.6.” This could be done at the June 11 board meeting.
Once the resolution and proposed ordinance is drafted, the board would need to hold a public hearing. If the resolution and proposed ordinance are ready for the June 25 meeting, the public hearing could be held on July 2.
After the public hearing, the letter offers two alternative methods for enactment of an ordinance.
The first alternative would require the board to vote on the resolution and proposed ordinance at two separate meetings before it could be passed at a third meeting. The dates this could be done are July 2, 9 and 16. Full passage of the proposed ordinance could be done on July 16.
If the steps for alternative two were taken, passage could happen by July 9.
Following either of these alternatives, the letter states the county auditor would need to publish a summary of the ordinance or the complete text of the ordinance for it to become law. According to County Auditor Dan Widmer, this could be published on the Thursday following its meetings if a summary of the resolution and proposed ordinance were published on June 27.  
Under alternative 1, publication of the passed ordinance could be done by July 18 or 25. Under alternative 2, publication could occur by July 11 or 18. Alternative 2 includes a shortened procedure. If the shortened procedure were to happen, publication could be done by July 11, due to the July 4 holiday.
According to the supervisors’ agenda for June 11, the board will take action/respond to the Planning and Zoning report regarding rescinding zoning.

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