House File 2653 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON
                                           LOCAL GOVERNMENT

                                       (SUCCESSOR TO HF 2291)



    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 6332HV 81
  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 may be used
  1  5 to guide the physical, social, and economic development of a
  1  6 county and its environs and to guide the future development of
  1  7 public and private property.  A comprehensive plan represents
  1  8 the county's intent for future development of the county and
  1  9 shall contain recommendations for plan execution.  A
  1 10 comprehensive plan may include, but is not limited to, the
  1 11 following elements:
  1 12    a.  A land use element designating types of land uses in
  1 13 the county.  The element may be addressed by including one or
  1 14 more of the following items:
  1 15    (1)  A listing of the amount, type, intensity, and net
  1 16 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 proposed densities for
  1 19 development.
  1 20    (2)  Trends in the supply, demand, and price of land in the
  1 21 county.
  1 22    (3)  A listing of opportunities for redevelopment.
  1 23    (4)  A listing of existing and potential land use
  1 24 conflicts.
  1 25    (5)  A future land use map.
  1 26    (6)  Designations of boundaries of areas reserved for
  1 27 purposes of soil conservation, water supply conservation,
  1 28 flood control, and surface water drainage and removal,
  1 29 including appropriate policies protecting such areas against
  1 30 encroachment by buildings, other physical structures, and
  1 31 facilities.
  1 32    b.  A housing element addressing the provision of an
  1 33 adequate housing supply that meets existing and forecasted
  1 34 housing demand in the county.  The element may be addressed by
  1 35 including one or more of the following items:
  2  1    (1)  An assessment of the county's housing stock which may
  2  2 include age, structural, value, and occupancy characteristics.
  2  3    (2)  Identification of specific policies and programs that
  2  4 promote the development of housing for residents of the county
  2  5 and a range of housing choices that meet the needs of persons
  2  6 of all income levels.
  2  7    (3)  Identification of policies and programs that maintain
  2  8 or rehabilitate the county's existing housing stock.
  2  9    c.  A utilities element to guide future development of
  2 10 utilities such as sanitary sewer service, storm water
  2 11 management, water supply, solid waste disposal, on=site
  2 12 wastewater treatment technologies, recycling facilities,
  2 13 telecommunications facilities, power generating plants, and
  2 14 transmission lines.  The element may be addressed by including
  2 15 one or more of the following items:
  2 16    (1)  A description of the location, use, and capacity of
  2 17 existing public utilities that serve the county and any city
  2 18 in the county if such utility is located outside the city
  2 19 served.
  2 20    (2)  An approximate timetable that forecasts the need in
  2 21 the county to expand or rehabilitate existing utilities or to
  2 22 create new utilities.
  2 23    (3)  An assessment of future needs for government services
  2 24 in the county related to such utilities.
  2 25    d.  A community facilities element to guide future
  2 26 development of community facilities in the county such as
  2 27 recreational, educational, and cultural facilities;
  2 28 cemeteries; health care facilities and child care facilities;
  2 29 police, fire, and rescue facilities; and libraries, schools,
  2 30 and other governmental facilities.  The element may be
  2 31 addressed by including one or more of the following items:
  2 32    (1)  A description of the location, use, and capacity of
  2 33 existing community facilities that serve the county.
  2 34    (2)  An approximate timetable that forecasts the need in
  2 35 the county to expand or rehabilitate existing facilities or to
  3  1 create new facilities.
  3  2    (3)  An assessment of future needs for government services
  3  3 in the county that are related to such facilities.
  3  4    e.  A transportation element addressing various modes of
  3  5 transportation, such as streets, roads, highways, and
  3  6 interstate highways, mass transit, railroads, air
  3  7 transportation, trucking, and water transportation.
  3  8    f.  An agricultural, natural, historical, and cultural
  3  9 resources element addressing the conservation and effective
  3 10 management of natural resources such as groundwater, forests,
  3 11 productive agricultural areas, environmentally sensitive
  3 12 areas, threatened and endangered species, stream corridors,
  3 13 surface water, floodplains, wetlands, wildlife habitat, open
  3 14 spaces, parks, features of architectural or archaeological
  3 15 interest, and other natural, historical, and cultural
  3 16 resources.
  3 17    2.  It is intended that a comprehensive plan may encourage
  3 18 a pattern of orderly development in areas of the county
  3 19 identified for commercial, industrial, and residential
  3 20 development; promote employment opportunities and the economic
  3 21 health of the county; address a variety of housing choices
  3 22 within the county, including affordable housing for future
  3 23 population growth; identify and promote conservation of
  3 24 natural resource areas, environmentally sensitive land, and
  3 25 features of significant local, statewide, or regional
  3 26 architectural, cultural, historical, or archaeological
  3 27 interest; encourage preservation of land identified by the
  3 28 county as prime agricultural land for use in agricultural
  3 29 production; promote the efficient use of infrastructure and
  3 30 the provision of adequate services concurrently with
  3 31 development; and take into consideration such other matters
  3 32 that are related to the coordinated, efficient, and orderly
  3 33 development 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 may be used
  4  3 to guide the physical, social, and economic development of a
  4  4 city and its environs and to guide the future development of
  4  5 public and private property.  A comprehensive plan represents
  4  6 the city's intent for future development of the city and shall
  4  7 contain recommendations for plan execution.  A comprehensive
  4  8 plan may include, but is not limited to, the following
  4  9 elements:
  4 10    a.  A land use element designating types of land uses in
  4 11 the city.  The element may be addressed by including one or
  4 12 more of the following items:
  4 13    (1)  A listing of the amount, type, intensity, and net
  4 14 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 proposed densities for development.
  4 17    (2)  Trends in the supply, demand, and price of land in the
  4 18 city.
  4 19    (3)  A listing of opportunities for redevelopment.
  4 20    (4)  A listing of existing and potential land use
  4 21 conflicts.
  4 22    (5)  A future land use map.
  4 23    (6)  Designations of boundaries of areas reserved for
  4 24 purposes of soil conservation, water supply conservation,
  4 25 flood control, and surface water drainage and removal,
  4 26 including appropriate policies protecting such areas against
  4 27 encroachment by buildings, other physical structures, and
  4 28 facilities.
  4 29    b.  A housing element addressing the provision of an
  4 30 adequate housing supply that meets existing and forecasted
  4 31 housing demand in the city.  The element may be addressed by
  4 32 including one or more of the following items:
  4 33    (1)  An assessment of the city's housing stock which may
  4 34 include age, structural, value, and occupancy characteristics.
  4 35    (2)  Identification of specific policies and programs that
  5  1 promote the development of housing for residents of the city
  5  2 and a range of housing choices that meet the needs of persons
  5  3 of all income levels.
  5  4    (3)  Identification of policies and programs that maintain
  5  5 or rehabilitate the city's existing housing stock.
  5  6    c.  A utilities element to guide future development of
  5  7 utilities such as sanitary sewer service, storm water
  5  8 management, water supply, solid waste disposal, on=site
  5  9 wastewater treatment technologies, recycling facilities,
  5 10 telecommunications facilities, power generating plants, and
  5 11 transmission lines.  The element may be addressed by including
  5 12 one or more of the following items:
  5 13    (1)  A description of the location, use, and capacity of
  5 14 existing public utilities that serve the city.
  5 15    (2)  An approximate timetable that forecasts the need in
  5 16 the city to expand or rehabilitate existing utilities or to
  5 17 create new utilities.
  5 18    (3)  An assessment of future needs for government services
  5 19 in the city related to such utilities.
  5 20    d.  A community facilities element to guide future
  5 21 development of community facilities in the city such as
  5 22 recreational, educational, and cultural facilities;
  5 23 cemeteries; health care facilities and child care facilities;
  5 24 police, fire, and rescue facilities; and libraries, schools,
  5 25 and other governmental facilities.  The element may be
  5 26 addressed by including one or more of the following items:
  5 27    (1)  A description of the location, use, and capacity of
  5 28 existing community facilities that serve the city.
  5 29    (2)  An approximate timetable that forecasts the need in
  5 30 the city to expand or rehabilitate existing facilities or to
  5 31 create new facilities.
  5 32    (3)  An assessment of future needs for government services
  5 33 in the city that are related to such facilities.
  5 34    e.  A transportation element addressing various modes of
  5 35 transportation, such as streets, roads, highways, and
  6  1 interstate highways, mass transit, railroads, air
  6  2 transportation, trucking, and water transportation.
  6  3    f.  A natural, historical, and cultural resources element
  6  4 addressing open spaces, parks, features of architectural and
  6  5 archaeological interest, and other natural, historical, and
  6  6 cultural resources.
  6  7    2.  It is intended that a comprehensive plan may encourage
  6  8 a pattern of orderly development in areas of the city
  6  9 identified for commercial, industrial, and residential
  6 10 development; promote employment opportunities and the economic
  6 11 health of the city; address a variety of housing choices
  6 12 within the city, including affordable housing for future
  6 13 population growth; identify and promote conservation of
  6 14 natural resource areas, environmentally sensitive land, and
  6 15 features of significant local, statewide, or regional
  6 16 architectural, cultural, historical, or archaeological
  6 17 interest; promote the efficient use of infrastructure and the
  6 18 provision of adequate services concurrently with development;
  6 19 and take into consideration such other matters that are
  6 20 related to the coordinated, efficient, and orderly development
  6 21 of the city.
  6 22    Sec. 3.  APPLICABILITY DATE.  This Act applies to
  6 23 comprehensive plans first developed, or existing comprehensive
  6 24 plans amended, on or after July 1, 2006.
  6 25                           EXPLANATION
  6 26    This bill defines "comprehensive plan" for purposes of
  6 27 county and city zoning and describes elements that may be
  6 28 included in a comprehensive plan.
  6 29 LSB 6332HV 81
  6 30 sc:rj/sh/8