Iowa Code

Iowa Code § 335.10 (2026)

Board of adjustment — review and remand

✓ current as of July 2026

Find cases: SyfertCases citing this section IA-LEGlegis.iowa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

1. The board of supervisors shall provide for the appointment of a board of adjustment. In the regulations and restrictions adopted pursuant to the authority of this chapter, the board of supervisors shall provide that the board of adjustment may, in appropriate cases, and subject to appropriate conditions and safeguards, make special exceptions to the terms of the ordinances or regulations. The exceptions shall be in harmony with the general purpose and intent and in accordance with the general or specific rules contained in the ordinances or regulations. The board of supervisors shall provide that any property owner aggrieved by the action of the board of supervisors in the adoption of the regulations and restrictions may petition the board of adjustment to modify regulations and restrictions as applied to the aggrieved property owners.

2. The board of supervisors may provide for its review of variances granted by the board of adjustment before their effective date. The board of supervisors may remand a decision to grant a variance to the board of adjustment for further study. If remanded, the effective date of the variance is delayed for thirty days from the date of the remand. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §358A.10] 89 Acts, ch 55, §1 C93, §335.10 2020 Acts, ch 1063, §181; 2023 Acts, ch 66, §84 Referred to in §329.12, 331.321 \n

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1997–2021 · leading case: Holding v. Franklin Cnty. Zoning Bd. of Adjustment, 565 N.W.2d 318 (Iowa 1997).

Sort: Relevance Newest Treatment

Holding v. Franklin Cnty. Zoning Bd. of Adjustment, 565 N.W.2d 318 (Iowa 1997). · cites it 4× “Section 335.10 provides for the appointment of a county board of adjustment by the county board of supervisors.”

Martin Marietta Materials, Inc. v. Dallas Cnty., 675 N.W.2d 544 (Iowa 2004). · cites it 2× “Iowa Code sections 335.10 and 335.15(2) (2001) require that a county board of adjustment rather than the county board of supervisors approve all conditional uses or special uses.”

Fox v. Polk Cnty. Bd. of Supervisors, 569 N.W.2d 503 (Iowa 1997). · cites it 2× “Iowa Code §§ 335.10 , .15. Before issuing a conditional use permit, Polk County ordinances require the Board of Adjustment to check the proposed use against an extensive list of criteria.”

Ackman v. Bd. of Adj. for Black Hawk Cty., 596 N.W.2d 96 (Iowa 1999). · cites it 3× “" Iowa Code § 335.10 . County zoning regulations must be "made in accordance with a comprehensive plan" and, among other requirements, be "designed to preserve the availability of agricultural land.”

Ackman v. Bd. of Adjustment, 596 N.W.2d 96 (Iowa 1999). · cites it 3× “” Iowa Code § 335.10 . County zoning regulations must be “made in accordance with a comprehensive plan” and, among other requirements, be “designed to preserve the availability of agricultural land.”

Madison Cnty. Coalition for Scenic Pres. LLC v. Zoning Bd. of Adjustment of Madison Cnty. (Iowa Ct. App. 2021). “The Board had express authority to grant special or conditional use permits pursuant to Iowa Code sections 335.10 and 335.15 and could make special exceptions to requirements of the zoning ordinances.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.