House File 2472
HOUSE FILE
BY COMMITTEE ON LOCAL
GOVERNMENT
(SUCCESSOR TO HF 488)
(SUCCESSOR TO HF 258)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to comprehensive plans used by cities and
2 counties when developing zoning regulations and including an
3 applicability provision.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 6756HV 80
6 sc/sh/8
PAG LIN
1 1 Section 1. NEW SECTION. 335.5A COMPREHENSIVE PLAN.
1 2 1. A comprehensive plan is a compilation of policy
1 3 statements, statements of goals, standards, and maps for each
1 4 of the elements of the plan. A comprehensive plan shall be
1 5 used to guide the physical, social, and economic development
1 6 of a county and its environs and to guide the future
1 7 development of public and private property. A comprehensive
1 8 plan represents the county's intent for future development of
1 9 the county and shall contain recommendations for plan
1 10 execution. A comprehensive plan may include, but is not
1 11 limited to, the following elements:
1 12 a. A land use element designating types of land uses in
1 13 the county. The element shall meet one or more of the
1 14 following requirements:
1 15 (1) Contain a listing of the amount, type, intensity, and
1 16 net density of existing uses of land in the county, such as
1 17 agricultural, residential, commercial, industrial, and other
1 18 public and private uses and contain proposed densities for
1 19 development.
1 20 (2) Include an analysis of trends in the supply, demand,
1 21 and price of land in the county; opportunities for
1 22 redevelopment; and existing and potential land use conflicts.
1 23 (3) Include designations of boundaries of areas reserved
1 24 for purposes of soil conservation, water supply conservation,
1 25 flood control, and surface water drainage and removal,
1 26 including appropriate policies protecting such areas against
1 27 encroachment by buildings, other physical structures, and
1 28 facilities.
1 29 b. A housing element addressing the provision of an
1 30 adequate housing supply that meets existing and forecasted
1 31 housing demand in the county. The element shall meet one or
1 32 more of the following requirements:
1 33 (1) Include an assessment of the age, structural, value,
1 34 and occupancy characteristics of the county's housing stock.
1 35 (2) Identify specific policies and programs that promote
2 1 the development of housing for residents of the county and a
2 2 range of housing choices that meet the needs of persons of all
2 3 income levels.
2 4 (3) Identify policies and programs that maintain or
2 5 rehabilitate the county's existing housing stock.
2 6 c. A utilities element to guide future development of
2 7 utilities such as sanitary sewer service, storm water
2 8 management, water supply, solid waste disposal, on=site
2 9 wastewater treatment technologies, recycling facilities,
2 10 telecommunications facilities, power generating plants, and
2 11 transmission lines. The element shall meet one or more of the
2 12 following requirements:
2 13 (1) Include a description of the location, use, and
2 14 capacity of existing public utilities that serve the county
2 15 and any city in the county if such utility is located outside
2 16 the city served.
2 17 (2) Include an approximate timetable that forecasts the
2 18 need in the county to expand or rehabilitate existing
2 19 utilities or to create new utilities.
2 20 (3) Include as assessment of future needs for government
2 21 services in the county related to such utilities.
2 22 d. A community facilities element to guide future
2 23 development of community facilities in the county such as
2 24 recreational, educational, and cultural facilities;
2 25 cemeteries; health care facilities and child care facilities;
2 26 police, fire, and rescue facilities; and libraries, schools,
2 27 and other governmental facilities. The element shall meet one
2 28 or more of the following requirements:
2 29 (1) Include a description of the location, use, and
2 30 capacity of existing community facilities that serve the
2 31 county.
2 32 (2) Include an approximate timetable that forecasts the
2 33 need in the county to expand or rehabilitate existing
2 34 facilities or to create new facilities.
2 35 (3) Include an assessment of future needs for government
3 1 services in the county that are related to such facilities.
3 2 e. A transportation element addressing various modes of
3 3 transportation, such as streets, roads, highways, and
3 4 interstate highways, mass transit, railroads, air
3 5 transportation, trucking, and water transportation.
3 6 f. An agricultural, natural, historical, and cultural
3 7 resources element addressing the conservation and effective
3 8 management of natural resources such as groundwater, forests,
3 9 productive agricultural areas, environmentally sensitive
3 10 areas, threatened and endangered species, stream corridors,
3 11 surface water, floodplains, wetlands, wildlife habitat, open
3 12 spaces, parks, features of architectural or archaeological
3 13 interest, and other natural, historical, and cultural
3 14 resources.
3 15 2. It is intended that a comprehensive plan, at a minimum,
3 16 shall encourage a pattern of orderly development in areas of
3 17 the county identified for commercial, industrial, and
3 18 residential development; promote employment opportunities and
3 19 the economic health of the county; address a variety of
3 20 housing choices within the county, including affordable
3 21 housing for future population growth; identify and promote
3 22 conservation of natural resource areas, environmentally
3 23 sensitive land, and features of significant local, statewide,
3 24 or regional architectural, cultural, historical, or
3 25 archaeological interest; encourage preservation of land
3 26 identified by the county as prime agricultural land for use in
3 27 agricultural production; strive to balance the need for land
3 28 management regulations with the protection of private property
3 29 rights; promote the efficient use of infrastructure and the
3 30 provision of adequate services concurrently with development;
3 31 and take into consideration such other matters that are
3 32 related to the coordinated, efficient, and orderly development
3 33 of the county.
3 34 Sec. 2. NEW SECTION. 414.3A COMPREHENSIVE PLAN.
3 35 1. A comprehensive plan is a compilation of policy
4 1 statements, statements of goals, standards, and maps for each
4 2 of the elements of the plan. A comprehensive plan shall be
4 3 used to guide the physical, social, and economic development
4 4 of a city and its environs and to guide the future development
4 5 of public and private property. A comprehensive plan
4 6 represents the city's intent for future development of the
4 7 city and shall contain recommendations for plan execution. A
4 8 comprehensive plan may include, but is not limited to, the
4 9 following elements:
4 10 a. A land use element designating types of land uses in
4 11 the city. The element shall meet one or more of the following
4 12 requirements:
4 13 (1) Contain a listing of the amount, type, intensity, and
4 14 net density of existing uses of land in the city, such as
4 15 residential, commercial, industrial, and other public and
4 16 private uses and contain proposed densities for development.
4 17 (2) Include an analysis of trends in the supply, demand,
4 18 and price of land in the city; opportunities for
4 19 redevelopment; and existing and potential land use conflicts.
4 20 (3) Include designations of boundaries of areas reserved
4 21 for purposes of soil conservation, water supply conservation,
4 22 flood control, and surface water drainage and removal,
4 23 including appropriate policies protecting such areas against
4 24 encroachment by buildings, other physical structures, and
4 25 facilities.
4 26 b. A housing element addressing the provision of an
4 27 adequate housing supply that meets existing and forecasted
4 28 housing demand in the city. The element shall meet one or
4 29 more of the following requirements:
4 30 (1) Include an assessment of the age, structural, value,
4 31 and occupancy characteristics of the city's housing stock.
4 32 (2) Identify specific policies and programs that promote
4 33 the development of housing for residents of the city and a
4 34 range of housing choices that meet the needs of persons of all
4 35 income levels.
5 1 (3) Identify policies and programs that maintain or
5 2 rehabilitate the city's existing housing stock.
5 3 c. A utilities element to guide future development of
5 4 utilities such as sanitary sewer service, storm water
5 5 management, water supply, solid waste disposal, on=site
5 6 wastewater treatment technologies, recycling facilities,
5 7 telecommunications facilities, power generating plants, and
5 8 transmission lines. The element shall meet one or more of the
5 9 following requirements:
5 10 (1) Include a description of the location, use, and
5 11 capacity of existing public utilities that serve the city.
5 12 (2) Include an approximate timetable that forecasts the
5 13 need in the city to expand or rehabilitate existing utilities
5 14 or to create new utilities.
5 15 (3) Include an assessment of future needs for government
5 16 services in the city related to such utilities.
5 17 d. A community facilities element to guide future
5 18 development of community facilities in the city such as
5 19 recreational, educational, and cultural facilities;
5 20 cemeteries; health care facilities and child care facilities;
5 21 police, fire, and rescue facilities; and libraries, schools,
5 22 and other governmental facilities. The element shall meet one
5 23 or more of the following requirements:
5 24 (1) Include a description of the location, use, and
5 25 capacity of existing community facilities that serve the city.
5 26 (2) Include an approximate timetable that forecasts the
5 27 need in the city to expand or rehabilitate existing facilities
5 28 or to create new facilities.
5 29 (3) Include an assessment of future needs for government
5 30 services in the city that are related to such facilities.
5 31 e. A transportation element addressing various modes of
5 32 transportation, such as streets, roads, highways, and
5 33 interstate highways, mass transit, railroads, air
5 34 transportation, trucking, and water transportation.
5 35 f. A natural, historical, and cultural resources element
6 1 addressing open spaces, parks, features of architectural and
6 2 archaeological interest, and other natural, historical, and
6 3 cultural resources.
6 4 2. It is intended that a comprehensive plan, at a minimum,
6 5 shall encourage a pattern of orderly development in areas of
6 6 the city identified for commercial, industrial, and
6 7 residential development; promote employment opportunities and
6 8 the economic health of the city; address a variety of housing
6 9 choices within the city, including affordable housing for
6 10 future population growth; identify and promote conservation of
6 11 natural resource areas, environmentally sensitive land, and
6 12 features of significant local, statewide, or regional
6 13 architectural, cultural, historical, or archaeological
6 14 interest; strive to balance the need for land management
6 15 regulations with the protection of private property rights;
6 16 promote the efficient use of infrastructure and the provision
6 17 of adequate services concurrently with development; and take
6 18 into consideration such other matters that are related to the
6 19 coordinated, efficient, and orderly development of the city.
6 20 Sec. 3. APPLICABILITY DATE. This Act applies to
6 21 comprehensive plans first developed, or existing comprehensive
6 22 plans amended, on or after July 1, 2004.
6 23 EXPLANATION
6 24 Current law requires that city or county zoning regulations
6 25 shall be made in accordance with a comprehensive plan. This
6 26 bill defines comprehensive plan and specifies elements that
6 27 may be included in a comprehensive plan. Those elements may
6 28 include, but are not limited to, the following:
6 29 1. A land use element.
6 30 2. A housing element.
6 31 3. A utilities element.
6 32 4. A community facilities element.
6 33 5. A transportation element.
6 34 6. An agricultural (counties only), natural, historical,
6 35 and cultural resources element.
7 1 The bill also provides intent language relating to the
7 2 purposes of a comprehensive plan.
7 3 The bill applies to comprehensive plans first developed, or
7 4 existing plans amended, on or after July 1, 2004.
7 5 LSB 6756HV 80
7 6 sc/sh/8