The regulations, restrictions, and boundaries may, from time to time, be amended,
supplemented, changed, modified, or repealed. Notwithstanding section 414.2, as a part
of an ordinance changing land from one zoning district to another zoning district or an
ordinance approving a site development plan, a council may impose conditions on a property
owner which are in addition to existing regulations if the additional conditions have been
agreed to in writing by the property owner before the public hearing required under this
section or any adjournment of the hearing. The conditions must be reasonable and imposed
to satisfy public needs which are directly caused by the requested change. In case, however,
of a written protest against a change or repeal which is filed with the city clerk and signed by
the owners of twenty percent or more of the area of the lots included in the proposed change
or repeal, or by the owners of twenty percent or more of the property which is located within
two hundred feet of the exterior boundaries of the property for which the change or repeal
is proposed, the change or repeal shall not become effective except by the favorable vote of
at least three-fourths of all the members of the council. The protest, if filed, must be filed
before or at the public hearing. The provisions of section 414.4 relative to public hearings
and official notice apply equally to all changes or amendments.
[C24, 27, 31, 35, 39, §6456; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §414.5]
84 Acts, ch 1176, §1; 85 Acts, ch 9, §2; 88 Acts, ch 1246, §8
Referred to in §657.9
\n
Notes of Decisions
Neuzil v. City of Iowa City, 451 N.W.2d 159 (Iowa 1990).
· cites it 4× “See also Iowa Code § 414.5 (municipality "may from time to time .”
Harms v. City of Sibley, 702 N.W.2d 91 (Iowa 2005).
· cites it 2× “The city attorney, interpreting Iowa Code section 414.5 (1999), concluded that a “super majority” (three-fourths) vote of the city council was required to accomplish rezoning.”
Wilson v. Iowa City, 165 N.W.2d 813 (Iowa 1969).
· cites it 2× “Butherus is a contract purchaser of property within 200 feet of the boundary of the proposed project areas.”
B. & H. INVESTMENTS, INC. v. City of Coralville, 209 N.W.2d 115 (Iowa 1973).
“Section VIT of Ordinance 257 unquestionably changed Ordinance 200; it permitted the additional land use of mobile home parks in R-3 and agricultural districts.”
Margaret Saddoris, Larry Saddoris, Gary Goodwin, Sheila Goodwin, Steve Harrison, Patty Harrison, John Hamilton, Alice Hamilton, Matt Saddoris, Gary Harrison, Julie Harrison, Ken Bose & Sue Bose v. Members of the City Council, Mayor for the City of Jefferson & the City of Jefferson, a Mun. Corp. (Iowa Ct. App. 2025).
· cites it 7× “See Iowa Code § 414.5 (2023). In February 2024, the city council held a public hearing on the rezoning request.”
Iowa Coalition Against the Shadow & Rockne Cole v. City Council of Iowa City (Iowa Ct. App. 2016).
· cites it 2× “Iowa Code section 414.5 and Iowa City Code of Ordinances 14-8D-5G gives property owners within 200 feet of the property to be rezoned the ability to trigger a super-majority vote of the council if at least 20% of those property owners sign a protest to the proposed amendment.”
Sycamore, L.L.C. & Lake Calvin Props., L.L.C. v. City Council of Iowa City (Iowa Ct. App. 2019).
· cites it 2× “As part of the CZA, Sycamore Farms was also required to “acknowledge[] that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code § 414.5 (1993), and that said conditions satisfy public needs which are directly caused by the requested…”
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.