reglab/statecodes huggingface dataset:
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.11 - Gifts.

303.11 Gifts.
1. The division may accept gifts and bequests which shall be used in accordance with the desires of the donor if expressed. Funds contained in an endowment fund for either the department of history and archives or the state historical society existing on July 1, 1974, remain an endowment of the division. Gifts shall be accepted only on behalf of the division, and gifts to a part, branch, or section of the division are presumed to be gifts to the division.
2. If publication of a book is financed by the endowment fund, this chapter does not prevent the return of moneys from sales of the book to the endowment fund.
[C24, 27, 31, 35, §4526, 4527; C39, §4541.07, 4541.08; C46, 50, 54, 58, 62, §303.7, 303.8; C66, 71, 73, §303.7, 303.8, 304.13; C75, 77, 79, 81, §303.11; 82 Acts, ch 1238, §9]
86 Acts, ch 1244, §37; 89 Acts, ch 78, §6; 2019 Acts, ch 24, §104
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.18 - Rural electric cooperatives and municipal utilities — historic properties — archeological site surveys.

303.18 Rural electric cooperatives and municipal utilities — historic properties — archeological site surveys.
1. The state historic preservation officer shall only recommend that a rural electric cooperative or a municipal utility constructing electric distribution and transmission facilities for which it is receiving federal funding conduct an archeological site survey of its proposed route when, based upon a review of existing information on historic properties within the area of potential effects of the construction, the state historic preservation officer has determined that a historic property, as defined by the federal National Historic Preservation Act of 1966, Pub. L. No. 89-665, as amended and codified at 16 U.S.C. §470 et seq., is likely to exist within the proposed route.
2. The state historic preservation officer shall not require a level of archeological identification effort which is greater than the reasonable and good faith effort required by the federal agency. Such effort shall reflect the public interest and shall take into account the likelihood and magnitude of potential impacts to historic properties and project costs.
2011 Acts, ch 4, §2, 3; 2011 Acts, ch 131, §92, 102; 2018 Acts, ch 1026, §107
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.20 - Definitions.

303.20 Definitions.
As used in this subchapter of this chapter, unless the context otherwise requires:
1. “Area of historical significance” means contiguous pieces of property of no greater area than one hundred sixty acres under diverse ownership which:
a. Are significant in American history, architecture, archaeology and culture, and
b. Possess integrity of location, design, setting, materials, skill, feeling and association, and
c. Are associated with events that have been a significant contribution to the broad patterns of our history, or
d. Are associated with the lives of persons significant in our past, or
e. Embody the distinctive characteristics of a type; period; method of construction; represent the work of a master; possess high artistic values; represent a significant and distinguishable entity whose components may lack individual distinction.
f. Have yielded, or may be likely to yield, information important in prehistory or history.
2. “Commission” is the five-person body, elected by the registered voters in the historical preservation district from persons living in the district for the purpose of administering this subchapter of this chapter.
3. “District” means a historical preservation district established under this subchapter of this chapter.
4. “Department” means the department of cultural affairs.
5. “Exterior features” means the architectural style, general design and general arrangement of the exterior of a building or other structure, including the kind and texture of the building material and the type and style of all windows, doors, light fixtures, signs and other appurtenant fixtures. In the case of an outdoor advertising sign, “exterior features” means the style, material, size and location of the sign.
6. “Property owner” means an individual or corporation who is the owner of real estate for taxation purposes.
[C77, 79, 81, §303.20; 82 Acts, ch 1238, §14]
86 Acts, ch 1245, §1315; 95 Acts, ch 67, §53
Referred to in §8C.8, 303.33, 303.34, 427.16
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.21 - Petition.

303.21 Petition.
1. The eligible voters in an area of asserted historical significance may petition the department for a referendum for the establishment of a district.
2. The petition must be signed by not less than ten percent of the eligible voters of the area and shall contain both a description of the property suggested for inclusion in the district and the reasons justifying the creation of the district.
[C77, 79, 81, §303.21; 82 Acts, ch 1238, §15]
2001 Acts, ch 24, §45; 2019 Acts, ch 24, §104; 2020 Acts, ch 1063, §129
Referred to in §303.33, 303.34
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.22 - Action by department.

303.22 Action by department.
1. The department shall hold a hearing not less than thirty days or more than sixty days after the petition is received. The department shall publish notice of the hearing, at a reasonable time before the hearing is to take place, and shall post notice of the hearing in a reasonable number of places within the suggested district. The cost of notification shall be paid by the persons who petition for the establishment of a district.
2. At the hearing the department shall hear interested persons, accept written presentations, and shall determine whether the suggested district is an area of historical significance which may properly be established as a historical preservation district pursuant to the provisions of this subchapter of this chapter. The department may determine the boundaries which shall be established for the district. The department shall not include property which is not included in the suggested district unless the owner of the property is given an opportunity to be heard.
3. The department, if it determines that the suggested district meets the criteria for establishment as a historical preservation district, shall indicate the owners of the property and residents included and shall forward a list of owners and residents to the county commissioner of elections.
4. If the department determines that the suggested district does not meet the criteria for establishment as a historical preservation district, it shall so notify the petitioners.
[C77, 79, 81, §303.22; 82 Acts, ch 1238, §16]
2016 Acts, ch 1011, §121
Referred to in §303.33, 303.34
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.23 - Referendum.

303.23 Referendum.
Within thirty days after the receipt of the list of owners of property and residents within the suggested historical preservation district, the department shall fix a date not more than forty-five days from the receipt of the petition seeking a referendum on the question of establishment of a historical preservation district. The department, after consultation with the county commissioner of elections, shall specify the polling place within the suggested district that will best serve the convenience of the voters and shall appoint from residents of the proposed district three judges and two clerks of election.
[C77, 79, 81, §303.23; 82 Acts, ch 1238, §17]
Referred to in §303.33, 303.34
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.24 - Notice.

303.24 Notice.
The department, after consultation with the county commissioner of elections, shall post notice of the referendum in a reasonable number of places within the suggested district a reasonable time before it is to take place. The notice shall state the purpose of the referendum, a description of the district, the date of the referendum, the location of the polling place, and the hours when the polls will open and close.
[C77, 79, 81, §303.24; 82 Acts, ch 1238, §18]
Referred to in §303.33, 303.34
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.25 - Voting.

303.25 Voting.
1. A person shall be qualified to vote at the referendum if such person is a registered voter of the area embraced by the proposed historic district.
2. A historic preservation district is established if a majority of the persons voting at the referendum votes in favor of its establishment.
[C77, 79, 81, §303.25]
94 Acts, ch 1169, §64
Referred to in §303.33, 303.34
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.26 - Commission.

303.26 Commission.
1. At the same time the referendum is held, an election shall be held for the commission. Each voter at the referendum may write upon the ballot the names of not more than five persons who are eligible voters within the district to be members of the commission.
2. The five persons receiving the highest number of votes shall constitute the commission. In the event one of the five receiving the highest number of votes elects not to serve on the commission, the person receiving the next highest number of votes shall serve.
3. Of the initial commission the person receiving the highest number of votes shall receive a five-year term of office, the next highest a four-year term, the next highest a three-year term, the next highest a two-year term, and the fifth highest a one-year term. Thereafter, an election shall be held annually in the district to elect a member to a five-year term as each term expires.
4. Vacancies in the commission occurring between elections shall be filled by the remaining members of the commission by majority vote. Should a majority of those voting vote not to establish the district, the election shall be void.
[C77, 79, 81, §303.26]
2016 Acts, ch 1011, §121
Referred to in §303.33, 303.34
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.27 - Controls.

303.27 Controls.
After the establishment of a district, an exterior portion of any building, exterior fixture, or other exterior structure, or any aboveground utility structure or any type of outdoor advertising sign shall not be erected, altered, restored, moved or demolished within such district until after an application for a certificate of appropriateness as to exterior features has been submitted to and approved by the commission.
[C77, 79, 81, §303.27]
Referred to in §303.33, 303.34
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.29 - Use of structures.

303.29 Use of structures.
No change in the use of any structure or property within a designated historical district shall be permitted until after an application for a certificate of appropriateness has been submitted to and approved by the commission. For purposes of this section “use” means the legal enjoyment of property that consists in its employment, exercise, or practice.
[C77, 79, 81, §303.29]
Referred to in §303.33, 303.34
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.30 - Procedures.

303.30 Procedures.
1. Prior to issuance or denial of a certificate of appropriateness the commission shall take such action as may reasonably be required to inform persons likely to be materially affected by the application, and shall give the applicant and such persons an opportunity to be heard. In cases where the commission deems it necessary, it may hold a public hearing concerning the application. The commission shall vote upon any application for a certificate of appropriateness within sixty days after its submission to the commission.
2. If the commission determines that the proposed construction, reconstruction, alteration, restoration, moving, demolition, or the change in use is appropriate, it shall forthwith approve such application and shall issue to the applicant a certificate of appropriateness.
3. If the commission determines that the proposed construction, reconstruction, alteration, restoration, moving or demolition of buildings, structures, appurtenant fixtures, outdoor advertising signs or natural features, or the proposed change in use would be incongruous with the historical, architectural, archaeological or cultural aspects of the district, a certificate of appropriateness shall not be issued, and the commission shall place upon its records the reasons for such determination and shall notify the applicant of such determination, furnishing the applicant an attested copy of its reasons and its recommendations, if any, as appearing in the records of the commission.
4. The commission may approve the application in any case where a person would suffer extreme hardship, not including loss of profit, unless the certificate of appropriateness was issued. Any applicant aggrieved by a determination of the commission may appeal to the district court for the county in which the land concerned is located within sixty days of the commission’s action.
[C77, 79, 81, §303.30]
2016 Acts, ch 1011, §121
Referred to in §303.33, 303.34
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.31 - Action by commission.

303.31 Action by commission.
The commission shall take action to enjoin any attempts to construct, reconstruct, alter, restore, move, or demolish any exterior feature, or to change the use of the property within the district without a certificate of appropriateness.
[C77, 79, 81, §303.31]
Referred to in §303.33, 303.34
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.32 - Ordinary maintenance and repair.

303.32 Ordinary maintenance and repair.
Nothing in this subchapter of this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior feature in a district which does not involve a change in design, material or outer appearance, nor to prevent the construction, reconstruction, alteration, restoration or demolition of any such feature which is required by public safety because of an unsafe or dangerous condition.
[C77, 79, 81, §303.32]
Referred to in §303.33, 303.34
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.33 - Termination of district.

303.33 Termination of district.
1. Two years after the establishment of a district, a referendum for the termination of the district shall be held if ten percent of the eligible voters in the district so request. If the registered voters, by a majority of those voting, favor termination, sections 303.20 through 303.32 will no longer have any effect on the property formerly included in the district.
2. If an election is held to terminate a district under this section and such attempt fails, another referendum for termination of the district in question shall not take place for a period of two years.
[C77, 79, 81, §303.33]
95 Acts, ch 67, §53; 96 Acts, ch 1034, §18; 2019 Acts, ch 24, §104
Referred to in §303.34
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.41 - Eligibility and purpose.

303.41 Eligibility and purpose.
A land use district shall not be created under this subchapter unless it is an area of contiguous territory encompassing twenty thousand acres or more of predominately rural and agricultural land owned by a single entity which has within its general boundaries at least seven platted villages which are not incorporated as municipalities at the time the district is organized. The eligible electors may create a land use district to conserve the distinctive historical and cultural character and peculiar suitability of the area for particular uses with a view to conserving the value of all existing and proposed structures and land and to preserve the quality of life of those citizens residing within the boundaries of the contiguous area by preserving its historical and cultural quality.
83 Acts, ch 108, §1
Referred to in §303.48, 303.64
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.42 - Petition.

303.42 Petition.
Eligible electors residing within the limits of a proposed land use district equal in number to at least ten percent or more of the registered voters residing within the limits of a proposed land use district may file a petition in the office of the county auditor of the county in which the proposed land use district, or its major portion, is located, requesting that there be submitted to the registered voters of the proposed district the question of whether the territory within the boundaries of the proposed district shall be organized as a land use district under this subchapter. The petition shall be addressed to the board of supervisors of the county where it is filed and shall set forth the following:
1. An intelligible description of the boundaries of the territory to be embraced in the district.
2. The name of the proposed district.
3. That the territory to be embraced in the district has a distinctive historical and cultural character which might be preserved by the establishment of the district.
4. That the public welfare will be promoted by the establishment of the district.
5. The signatures of the petitioners.
83 Acts, ch 108, §2; 2001 Acts, ch 56, §16
Referred to in §303.48, 303.64
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.43 - Jurisdiction — decisions — records.

303.43 Jurisdiction — decisions — records.
The board of supervisors of the county in which the proposed land use district, or its major portion, is located has jurisdiction of the proceedings on the petition as provided in this subchapter and the decision of a majority of the members of that board is necessary for adoption. All orders of the board made under this subchapter shall be spread at length upon the records of the proceedings of the board of supervisors, but need not be published.
83 Acts, ch 108, §3
Referred to in §303.48, 303.64
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.44 - Date and notice of hearing.

303.44 Date and notice of hearing.
The board of supervisors to whom the petition is addressed, at its next regular, special, or adjourned meeting, shall set the time and place when it will meet for a hearing upon the petition, and direct the county auditor in whose office the petition is filed to cause notice to be given to all persons whom it may concern, without naming them, of the pendency and prayer of the petition, by publication of a notice once each week for two consecutive weeks in some newspaper of general circulation published in the proposed district. The last publication shall not be less than twenty days prior to the date set for the hearing of the petition. If no such newspaper is published in the proposed district, then notice shall be by posting at least five copies of the notice in the proposed district at least twenty days before the hearing. Proof of giving notice shall be made by affidavit of the publisher or affidavit of the person who posted the notices, and the proof shall be on file with the county auditor at the time the hearing begins. The notice of hearing shall be directed to all persons it may concern, and shall state the following:
1. That a petition has been filed with the county auditor of that county for establishment of a proposed land use district and the name of the proposed district.
2. An intelligible description of the boundaries of the territory to be embraced in the district.
3. The date, hour, and place where the petition will come on for hearing before the board of supervisors of the named county.
4. That the board of supervisors will fix and determine the boundaries of the proposed district as described in the petition, and at the hearing all interested persons shall have an opportunity to be heard regarding the location and boundaries of the proposed district and to make suggestions regarding it.
83 Acts, ch 108, §4
Referred to in §303.45, 303.46, 303.48, 303.64
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.45 - Hearing of petition and order.

303.45 Hearing of petition and order.
The board of supervisors to whom the petition is addressed shall preside at the hearing provided for in section 303.44 and shall continue the hearing in session, with adjournments from day to day, if necessary, until completed, without being required to give any further notice of it. Proof of the residence and qualification of the petitioners as eligible electors shall be made by affidavit or otherwise as the board may direct. The board shall consider the boundaries of the proposed land use district, whether they shall be as described in the petition or otherwise, and for that purpose may alter and amend the petition and limit or change the boundaries of the proposed district as stated in the petition. The boundaries of a proposed district shall not be changed to include property not included in the original petition and published notice until the owner of that property is given notice as on the original hearing. All persons in the proposed district shall have an opportunity to be heard regarding the location and boundaries of the proposed district and to make suggestions regarding them. The board of supervisors, after hearing the statements, evidence, and suggestions made and offered at the hearing, shall enter an order fixing the boundaries of the proposed district and directing that an election be held for the purpose of submitting to the registered voters residing within the boundaries of the proposed district the question of organization and establishment of the proposed land use district as determined by the board of supervisors. The order shall fix a date for the election not more than sixty days after the date of the order, establish voting precincts within the proposed district and define their boundaries, and specify the polling places which in the board’s judgment will best serve the convenience of the voters, and shall appoint from residents of the proposed district three judges and two clerks of election for each voting precinct established.
83 Acts, ch 108, §5; 2001 Acts, ch 56, §17
Referred to in §303.48, 303.64
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.46 - Notice of election.

303.46 Notice of election.
In its order for the election the board of supervisors shall direct the county auditor to cause notice of the election to be given by posting at least five copies of the notice in public places in the proposed district at least twenty days before the date of election and by publication of the notice once each week for three consecutive weeks in some newspaper of general circulation published in the proposed district, or, if no such newspaper is published within the proposed district, then in such a newspaper published in the county in which the major part of the proposed district is located. The last publication is to be at least twenty days prior to the date of election. The notice shall state the time and place of holding the election and the hours when the polls will be open and closed, the purpose of the election, with the name of the proposed district and a description of its boundaries, and shall set forth briefly the limits of each voting precinct and the location of the polling places. Proof of posting and publication shall be made in the manner provided in section 303.44 and filed with the county auditor.
83 Acts, ch 108, §6
Referred to in §303.48, 303.64
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.47 - Election.

303.47 Election.
1. Each registered voter residing within the proposed district may cast a ballot at the election and a person shall not vote in any precinct but that of the person’s residence. Ballots at the election shall be in substantially the following form:
For Land Use District ....................
Against Land Use District ....................
2. The election shall be conducted in the manner provided by law for general elections and the ballots so cast shall be issued, received, returned, and canvassed in the same manner and by the same officers, in the county whose board of supervisors is vested with jurisdiction of the proceedings, as provided by law in the case of ballots cast for county officers, except as modified by this subchapter. The board of supervisors shall cause a statement of the result of the election to be spread upon the records of the county auditor. If a majority of the votes cast upon the question of incorporation of the proposed district is in favor of the proposed district, the proposed district becomes an organized district under this subchapter.
83 Acts, ch 108, §7; 2001 Acts, ch 56, §18
Referred to in §303.48, 303.64
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.48 - Expenses and costs of election.

303.48 Expenses and costs of election.
All expenses incurred in carrying out sections 303.41 through 303.47, including the costs of the election, as determined by the board of supervisors, shall be paid by the county whose board is vested with jurisdiction of the proceedings.
83 Acts, ch 108, §8
Referred to in §303.64
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.50 - Trustee’s bond.

303.50 Trustee’s bond.
Each trustee shall, before entering upon the duties of office, execute a bond payable to the district, with security to be approved by the board of supervisors which had jurisdiction of the petition for establishment of the district, in a form and amount as that board of supervisors may determine, and file the bond with the county auditor of that county.
83 Acts, ch 108, §10
Referred to in §303.64
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.51 - Land use district to be a body corporate.

303.51 Land use district to be a body corporate.
1. A land use district organized under this subchapter is a body corporate and politic, with the name and style under which it was organized, and by that name and style may sue and be sued, contract and be contracted with, acquire and hold real and personal property necessary for corporate purposes, adopt a corporate seal and alter it, and exercise all the powers conferred in this chapter.
2. The courts of this state shall take judicial notice of the existence of a land use district organized under this subchapter.
83 Acts, ch 108, §11; 2020 Acts, ch 1062, §94
Referred to in §303.64
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.52A - Inclusion or exclusion of land.

303.52A Inclusion or exclusion of land.
If at least sixty percent of the registered voters of a land area petition the board of supervisors for inclusion in or exclusion from a land use district, the board shall review the petition and determine if the petition contains a sufficient number of registered voters residing in the affected land area and, if the petition is sufficient, submit it to the board of trustees of the land use district. The land area to be included in or excluded from the land use district must be contiguous to the land use district. If two thirds of the membership of the board of trustees vote in favor of the petition, the petition shall be granted and the land area included in or excluded from the district.
85 Acts, ch 161, §3; 2001 Acts, ch 56, §19
Referred to in §303.64
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.53 - Changes and amendments.

303.53 Changes and amendments.
The land use plan, once established, may be amended, supplemented, changed, modified, or repealed. In case, however, of a protest against a change signed by the owners of twenty percent or more either of the area included in the proposed change, or of the immediately adjacent area and within five hundred feet of the boundaries, the amendment shall not become effective except by the favorable vote of at least eighty percent of all of the members of the board of trustees.
83 Acts, ch 108, §13
Referred to in §303.64
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.54 - Board of adjustment.

303.54 Board of adjustment.
The board of trustees of the district shall provide for the appointment of a board of adjustment, 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 land use plan which are in harmony with its general purpose and intent and in accordance with the general or specific rules of the plan, and provide that a property owner aggrieved by the action of the board of trustees in the adoption of the land use plan may petition the board of adjustment directly to modify regulations and restrictions as applied to those property owners.
83 Acts, ch 108, §14
Referred to in §303.64
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.55 - Membership — term — compensation.

303.55 Membership — term — compensation.
The board of adjustment shall consist of five members, all of whom shall reside within the district, each to be appointed for a term of five years. For the initial board one member shall be appointed for a term of five years, one for a term of four years, one for a term of three years, one for a term of two years, and one for a term of one year. Members are removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of a member whose term becomes vacant. The compensation for the members of the board of adjustment is the same as for the members of the board of trustees.
83 Acts, ch 108, §15; 85 Acts, ch 161, §4
Referred to in §303.64
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.56 - Rules.

303.56 Rules.
The board of adjustment shall adopt rules in accordance with any regulation or ordinance adopted by the board of trustees pursuant to this subchapter. Meetings of the board of adjustment shall be held at the call of the chairperson and at other times as the board determines. The chairperson, or the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.
83 Acts, ch 108, §16
Referred to in §303.64
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.57 - Appeals to board of adjustment.

303.57 Appeals to board of adjustment.
Appeals to the board of adjustment may be taken by any person aggrieved or affected by the land use plan or by a decision of the administrative officer. The appeal shall be taken within a reasonable time, as provided by the rules of the board of adjustment, by filing with the administrative officer and the board of adjustment a notice of appeal specifying the grounds of the appeal.
83 Acts, ch 108, §17; 85 Acts, ch 161, §5
Referred to in §303.64
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.58 - Powers of board.

303.58 Powers of board.
The board of adjustment may:
1. Hear and decide appeals where it is alleged there is error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this subchapter or of any ordinance adopted pursuant to it.
2. Hear and decide special exceptions to the terms of the ordinance upon which the board is required to pass under the ordinance.
3. Authorize upon appeal, in specific cases, a variance from the terms of the land use plan which are not contrary to the public interest, where owing to special conditions a literal enforcement of the plan would result in unnecessary hardship, and so that the spirit of the plan shall be observed and substantial justice done.
83 Acts, ch 108, §18
Referred to in §303.64
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.59 - Powers on appeal.

303.59 Powers on appeal.
In exercising its powers the board may, in conformity with this subchapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make the order, requirement, decision, or determination as should be made, and to that end have all the powers of the administrative officer of the board.
83 Acts, ch 108, §19; 85 Acts, ch 161, §6
Referred to in §303.64
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.60 - Vote required.

303.60 Vote required.
The concurring vote of three members of the board is necessary to reverse an order, requirement, decision, or determination, or to decide in favor of the applicant on a matter upon which it is required to pass under an ordinance or to effect a variation in the land use plan.
83 Acts, ch 108, §20
Referred to in §303.64
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.61 - Petition to court.

303.61 Petition to court.
Any persons, jointly or severally, aggrieved by a decision of the board of adjustment under this subchapter, or any taxpayer, may present to a court of record a petition, duly verified, setting forth that the decision is illegal, in whole or in part, specifying the grounds of the illegality. The petition shall be presented to the court within thirty days after the filing of the decision in the office of the board.
83 Acts, ch 108, §21
Referred to in §303.64
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.62 - Review by court.

303.62 Review by court.
Upon the presentation of a petition, the court may allow a writ of certiorari directed to the board of adjustment to review the decision of the board of adjustment prescribing the time within which a return must be made and served upon the relator’s attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ does not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order.
83 Acts, ch 108, §22
Referred to in §303.64
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.63 - Trial to court.

303.63 Trial to court.
1. If upon the hearing, which shall be tried de novo, it appears to the court that testimony is necessary for the proper disposition of the matter, the court may take evidence or appoint a referee to take evidence as it directs and report the evidence to the court with findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
2. Costs shall not be allowed against the board unless it appears to the court that the board acted with gross negligence or in bad faith or with malice in making the decision appealed from.
83 Acts, ch 108, §23; 2019 Acts, ch 24, §39
Referred to in §303.64
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.65 - Restraining order.

303.65 Restraining order.
If a building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or a building, structure, or land is used in violation of this subchapter or of an ordinance or other regulation made under this subchapter, the board of trustees, in addition to other remedies, may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate the violation, to prevent the occupancy of the building, structure, or land, or to prevent any illegal act, conduct, business, or use in, or about the premises.
83 Acts, ch 108, §25
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.66 - Taxes — power to levy — tax sales.

303.66 Taxes — power to levy — tax sales.
1. The board of trustees of a land use district organized under this subchapter may by ordinance levy annually for the purpose of paying the administrative costs of the district, a tax upon real property within the territorial limits of the land use district not exceeding twenty-seven cents per thousand dollars of the adjusted taxable valuation of the property for the preceding fiscal year. The tax shall not be levied on any tillable farmland, pastureland, timber pasture, or forestland located within the district.
2. Taxes levied by the board shall be certified on or before the first day of March to the county auditor of each county where any of the property included within the territorial limits of the land use district is located, and shall be placed upon the tax list for the current year. The county treasurer shall collect the taxes in the same manner as other taxes. When delinquent, the taxes shall draw the same interest and penalties as other taxes. All taxes so levied and collected shall be paid over to the treasurer of the district.
3. Sales for delinquent taxes owing to a land use district shall be made at the same time and in the same manner as sales are made for other taxes, and all provisions of the law of this state relating to the sale of property for delinquent taxes are applicable, so far as may be, to such sales.
83 Acts, ch 108, §26; 2016 Acts, ch 1011, §121; 2017 Acts, ch 29, §85
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.67 - Records and disbursements.

303.67 Records and disbursements.
The clerk of each land use district shall keep a record of all the proceedings and actions of the trustees. The treasurer shall receive, collect, and disburse all moneys belonging to the district, and no claim shall be paid or disbursement made until it has been duly audited by the board of trustees.
83 Acts, ch 108, §27
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.68 - Conflict with other regulations.

303.68 Conflict with other regulations.
If the regulations made under this subchapter impose higher standards than are required in any other statute or local ordinance or regulation, the regulations made under this subchapter govern. If any other statute or local ordinance or regulation imposes higher standards than are required by the regulations made under authority of this subchapter, that statute or ordinance or regulation governs. If a regulation proposed or made under this subchapter relates to a structure, building, dam, obstruction, deposit, or excavation in or on the floodplains of a river or stream, prior approval of the department of natural resources is required to establish, amend, supplement, change, or modify the regulation or to grant a variation or exception from it.
83 Acts, ch 108, §28
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.86 - Arts council.

303.86 Arts council.
1. The Iowa arts council is created as an advisory council, consisting of fifteen members, appointed by the governor from among citizens of Iowa who are recognized for their interest or experience in connection with the performing and fine arts. In making appointments, due consideration shall be given to the recommendations made by representative civic, educational, and professional associations and groups concerned with or engaged in the production or presentation of the performing and fine arts.
2. The term of office of each member of the Iowa arts council is three years. The governor shall designate a chairperson and a vice chairperson from the members of the council to serve at the pleasure of the governor. All vacancies shall be filled for the balance of any unexpired term in the same manner as original appointments. The members of the council shall not receive compensation for their services, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties as members of the council. Members may also be eligible for compensation as provided in section 7E.6.
86 Acts, ch 1245, §1325; 2002 Acts, ch 1119, §151; 2019 Acts, ch 24, §104
Referred to in §303A.5
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.87 - Duties of council.

303.87 Duties of council.
The arts council shall:
1. Advise the director with respect to policies, programs, and procedures for carrying out the administrator’s functions, duties, or responsibilities.
2. Review programs to be supported and make recommendations on the programs to the director.
86 Acts, ch 1245, §1326; 90 Acts, ch 1065, §3; 91 Acts, ch 157, §11
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.88 - Administrator’s powers and authority.

303.88 Administrator’s powers and authority.
The arts division administrator may:
1. Make and sign any agreements and perform any acts which are necessary, desirable, or proper to carry out the purpose of the division.
2. Request and obtain assistance and data from any department, division, board, bureau, commission, or agency of the state.
3. Accept any federal funds granted, by Act of Congress or by executive order, for all or any purposes of this subchapter, and receive and disburse as the official agent of the state any funds made available by the national endowment for the arts.
4. Accept gifts, contributions, endowments, bequests, or other moneys available for all or any of the purposes of the division. Interest earned on the gifts, contributions, endowments, bequests, or other moneys accepted under this subsection shall be credited to the fund or funds to which the gifts, contributions, endowments, bequests, or other moneys have been deposited, and is available for all or any of the purposes of the division.
86 Acts, ch 1245, §1327; 88 Acts, ch 1158, §60
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.89 - State poet laureate designated — nominating committee.

303.89 State poet laureate designated — nominating committee.
1. A state poet laureate nominating committee is created. At the request of the governor, the executive director of humanities Iowa and the executive director of the Iowa arts council shall each appoint three persons who reside in this state to a poet laureate nominating committee. At its initial meeting held at the call of the executive directors of humanities Iowa and the Iowa arts council, the state poet laureate nominating committee shall elect a chairperson and vice chairperson from among its members and adopt rules of procedure. The members of the state poet laureate nominating committee shall be invited to serve without compensation for their services. The nominating committee is charged with considering the diversity of the people and poetry of Iowa.
2. If more than one meeting is required, the state poet laureate nominating committee shall meet at the call of the chairperson or as determined by the nominating committee and select a list of three nominees, along with biographical and professional information and supporting representative material, who are residents of Iowa and who, based on their poetic accomplishments, deserve recognition as the state poet laureate. The list of nominees shall be transmitted to the governor. The governor may select the state poet laureate from the list of nominees for a two-year term of office. The state poet laureate is an honorary state office and the incumbent is entitled to no compensation as a result of the appointment.
99 Acts, ch 161, §1
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303 - DEPARTMENT OF CULTURAL AFFAIRS › Section 303.95 - Film office establishment and purpose.

303.95 Film office establishment and purpose.
The department shall establish and administer a film office. The purpose of the film office is to assist legitimate film, television, and video producers in the production of film, television, and video projects in the state and to increase the fiscal impact on the state’s economy of film, television, and video projects produced in the state.
2012 Acts, ch 1136, §32, 41
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303A - IOWA CULTURAL TRUST › Section 303A.2 - Legislative findings.

303A.2 Legislative findings.
The general assembly finds and declares that cultural organizations generate millions of dollars in economic activity in Iowa; attract people to live and work in Iowa’s communities; contribute to a revitalization of those communities; are a magnet for tourists; train minds for the creative economy jobs of the future; and build social capital. However, these organizations are often undercapitalized. Therefore, to bring financial stability to these organizations through fluctuating economic conditions, it is the intent of the general assembly that a public trust be established the income from which may be made available to supplement the operating budgets of nonprofit cultural organizations that meet certain criteria, including a commitment to strategies to attain long-term financial stability and sustainability. It is further the intent of the general assembly that income from the public trust may be used initially for a statewide educational program to assist cultural organizations in endowment development.
2002 Acts, ch 1115, §3
2023 Iowa Code › Title VII - EDUCATION AND CULTURAL AFFAIRS › Chapter 303A - IOWA CULTURAL TRUST › Section 303A.3 - Definitions.

303A.3 Definitions.
For purposes of this chapter, unless the context otherwise requires:
1. “Board” means the board of trustees of the Iowa cultural trust created in section 303A.5.
2. “Department” means the department of cultural affairs created in section 303.1.
3. “Director” means the director of the department of cultural affairs.
4. “Grant account” means the Iowa cultural trust grant account created in section 303A.7.
5. “Qualified organization” means a tax-exempt, nonprofit organization whose primary mission is to promote the arts, history, or the sciences and humanities in Iowa.
6. “Trust fund” means the Iowa cultural trust fund created in section 303A.4.
2002 Acts, ch 1115, §4
Referred to in §303.1A