Iowa Code
Chapter 335 - COUNTY ZONING
Section 335.21 - Trial to court.

335.21 Trial to court.
1. If upon the hearing which shall be tried de novo it shall appear 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 such evidence as the court may direct and report the evidence to the court with the referee’s findings of fact and conclusions of law. The evidence and the referee’s findings and conclusions 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 of adjustment 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.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §358A.21]
C93, §335.21
2019 Acts, ch 24, §104; 2020 Acts, ch 1063, §182; 2021 Acts, ch 80, §218
Referred to in §329.12, 335.22
Subsection 2 amended

Structure Iowa Code

Iowa Code

Title IX - LOCAL GOVERNMENT

Chapter 335 - COUNTY ZONING

Section 335.1 - Where applicable.

Section 335.2 - Farms exempt.

Section 335.3 - Powers.

Section 335.4 - Areas and districts.

Section 335.5 - Regulations and comprehensive plan — considerations and objectives — notice, adoption, distribution.

Section 335.6 - Procedure — hearings — notice.

Section 335.7 - Changes — protest.

Section 335.8 - Commission appointed — powers and duties.

Section 335.9 - Administrative officer.

Section 335.10 - Board of adjustment — review and remand.

Section 335.11 - Membership of board.

Section 335.12 - Rules.

Section 335.13 - Appeals to board.

Section 335.14 - Stay of proceedings.

Section 335.15 - Powers of board.

Section 335.16 - Decision.

Section 335.17 - Vote required.

Section 335.18 - Petition to court.

Section 335.19 - Review by court.

Section 335.20 - Record advanced.

Section 335.21 - Trial to court.

Section 335.22 - Precedence.

Section 335.23 - Restraining order.

Section 335.24 - Conflict with other regulations.

Section 335.25 - Zoning for family homes.

Section 335.26 - Shooting ranges.

Section 335.27 - Agricultural land preservation ordinance.

Section 335.28 - Agricultural experiences.

Section 335.30 - Manufactured and modular homes.

Section 335.30A - Land-leased communities.

Section 335.31 - Elder family homes.

Section 335.32 - Homes for persons with disabilities.

Section 335.33 - Elder group homes.

Section 335.34 - Home and community-based services waiver recipient residence.