House File 2476 - Introduced HOUSE FILE 2476 BY COMMITTEE ON REBUILD IOWA AND DISASTER RECOVERY (SUCCESSOR TO HSB 592) A BILL FOR An Act establishing smart planning principles for state 1 agencies, local governments, and other public entities. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5361HV (2) 83 md/sc
H.F. 2476 Section 1. NEW SECTION . 18B.1 Iowa smart planning 1 principles. 2 It is the intent of the general assembly that this section 3 assist state agencies, local governments, and other public 4 entities during consideration and development of innovative 5 planning strategies and policies to reduce the impact of future 6 natural disasters, promote growth, protect natural resources, 7 and safeguard the quality of life for all Iowans. Nothing in 8 this section shall be construed to limit the authority of a 9 state agency, local government, or other public entity relating 10 to planning, zoning, development, and resource management. 11 State agencies, local governments, and other public entities 12 may consider and apply the following principles during 13 deliberation of all appropriate planning, zoning, development, 14 and resource management decisions: 15 1. Collaboration. Governmental, community, and individual 16 stakeholders, including those outside the jurisdiction of the 17 entity, are encouraged to be involved and provide comment 18 during deliberation of planning, zoning, development, and 19 resource management decisions and during implementation of such 20 decisions. The state agency, local government, or other public 21 entity is encouraged to develop and implement a strategy to 22 facilitate such participation. 23 2. Efficiency, transparency, and consistency. Planning, 24 zoning, development, and resource management should be 25 undertaken to provide efficient, transparent, and consistent 26 outcomes. Individuals, communities, regions, and governmental 27 entities should share in the responsibility to promote the 28 equitable distribution of development benefits and costs. 29 3. Clean, renewable, and efficient energy. Planning, zoning, 30 development, and resource management should be undertaken to 31 promote clean and renewable energy use and increased energy 32 efficiency. 33 4. Occupational diversity. Planning, zoning, development, 34 and resource management should promote increased diversity 35 -1- LSB 5361HV (2) 83 md/sc 1/ 7
H.F. 2476 of employment and business opportunities, promote access to 1 education and training, expand entrepreneurial opportunities, 2 and promote the establishment of businesses in locations near 3 existing housing, infrastructure, and transportation. 4 5. Revitalization. Planning, zoning, development, and 5 resource management should facilitate the revitalization 6 of established town centers and neighborhoods by promoting 7 development that conserves land, protects historic resources, 8 promotes pedestrian accessibility, and integrates different 9 uses of property. Remediation and reuse of existing 10 sites, structures, and infrastructure is preferred over new 11 construction in undeveloped areas. 12 6. Housing diversity. Planning, zoning, development, and 13 resource management should encourage diversity in the types 14 of available housing, support the rehabilitation of existing 15 housing, and promote the location of housing near public 16 transportation. 17 7. Community character. Planning, zoning, development, and 18 resource management should promote activities and development 19 that are consistent with the character and architectural style 20 of the community and should respond to local values regarding 21 the physical character of the community. 22 8. Natural resources and agricultural protection. 23 Planning, zoning, development, and resource management 24 should emphasize protection, preservation, and restoration of 25 environmentally sensitive land, natural resources, agricultural 26 land, and cultural and historic landscapes, and should increase 27 the availability of open spaces and recreational facilities. 28 9. Sustainable design. Planning, zoning, development, and 29 resource management should promote developments, buildings, and 30 infrastructure that utilize sustainable design and construction 31 standards and conserve natural resources by reducing waste and 32 pollution through efficient use of land, energy, water, and 33 materials. 34 10. Transportation diversity. Planning, zoning, 35 -2- LSB 5361HV (2) 83 md/sc 2/ 7
H.F. 2476 development, and resource management should promote expanded 1 transportation options for residents of the community. 2 Consideration should be given to transportation options that 3 maximize mobility, reduce congestion, conserve fuel, and 4 improve air quality. 5 Sec. 2. Section 28I.4, Code 2009, is amended to read as 6 follows: 7 28I.4 Powers and duties. 8 1. The commission shall have the power and duty to 9 make comprehensive studies and plans for the development 10 of the area it serves which will guide the unified 11 development of the area and which will eliminate planning 12 duplication and promote economy and efficiency in the 13 co-ordinated coordinated development of the area and the 14 general welfare, convenience, safety, and prosperity of its 15 people. The plan or plans collectively shall be known as 16 the regional or metropolitan development plan. The plans 17 for the development of the area may include , but shall not 18 be limited to , recommendations with respect to existing 19 and proposed highways, bridges, airports, streets, parks 20 and recreational areas, schools and public institutions and 21 public utilities, public open spaces, and sites for public 22 buildings and structures; districts for residence, business, 23 industry, recreation, agriculture, and forestry; water supply, 24 sanitation, drainage, protection against floods and other 25 disasters; areas for housing developments, slum clearance 26 and urban renewal and redevelopment; location of private 27 and public utilities, including but not limited to sewerage 28 and water supply systems; and such other recommendations 29 concerning current and impending problems as may affect the 30 area served by the commission. Time and priority schedules and 31 cost estimates for the accomplishment of the recommendations 32 may also be included in the plans. The plans may be made 33 with consideration of the smart planning principles under 34 section 18B.1. The plans shall be based upon and include 35 -3- LSB 5361HV (2) 83 md/sc 3/ 7
H.F. 2476 appropriate studies of the location and extent of present 1 and anticipated populations; social, physical, and economic 2 resources, problems and trends; and governmental conditions and 3 trends. The commission is also authorized to make surveys, 4 land-use studies, and urban renewal plans, provide technical 5 services and other planning work for the area it serves and 6 for cities, counties, and other political subdivisions in 7 the area. A plan or plans of the commission may be adopted, 8 added to, and changed from time to time by a majority 9 vote of the planning commission. The plan or plans may in 10 whole or in part be adopted by the governing bodies of the 11 co-operating cooperating cities and counties as the general 12 plans of such cities and counties. The commission may also 13 assist the governing bodies and other public authorities or 14 agencies within the area it serves in carrying out any regional 15 plan or plans, and assist any planning commission, board or 16 agency of the cities and counties and political subdivisions 17 in the preparation or effectuation of local plans and planning 18 consistent with the program of the commission. The commission 19 may co-operate cooperate and confer, as far as possible, with 20 planning agencies of other states or of regional groups of 21 states adjoining its area. 22 2. A planning commission formed under the provisions of 23 this chapter shall, upon designation as such by the governor, 24 serve as a district, regional , or metropolitan agency for 25 comprehensive planning for its area for the purpose of carrying 26 out the functions as defined for such an agency by federal, 27 state , and local laws and regulations. 28 Sec. 3. Section 329.3, Code 2009, is amended to read as 29 follows: 30 329.3 Zoning regulations —— powers granted. 31 Every municipality having an airport hazard area within 32 its territorial limits may adopt, administer, and enforce 33 in the manner and upon the conditions prescribed by this 34 chapter, zoning regulations for such airport hazard area, 35 -4- LSB 5361HV (2) 83 md/sc 4/ 7
H.F. 2476 which regulations may divide such area into zones and, within 1 such zones, specify the land uses permitted, and regulate 2 and restrict, for the purpose of preventing airport hazards, 3 the height to which structures and trees may be erected or 4 permitted to grow. Regulations adopted under this chapter 5 may be made with consideration of the smart planning principles 6 under section 18B.1. 7 Sec. 4. Section 335.5, Code 2009, is amended to read as 8 follows: 9 335.5 Objectives. 10 1. The regulations shall be made in accordance with a 11 comprehensive plan and designed to preserve the availability 12 of agricultural land; to consider the protection of soil 13 from wind and water erosion; to encourage efficient urban 14 development patterns; to lessen congestion in the street or 15 highway; to secure safety from fire, flood, panic, and other 16 dangers; to protect health and the general welfare; to provide 17 adequate light and air; to prevent the overcrowding of land; 18 to avoid undue concentration of population; to promote the 19 conservation of energy resources; to promote reasonable access 20 to solar energy; and to facilitate the adequate provision of 21 transportation, water, sewerage, schools, parks , and other 22 public requirements. However, provisions of this section 23 relating to the objectives of energy conservation and access 24 to solar energy shall not be construed as voiding any zoning 25 regulation existing on July 1, 1981, or to require zoning in a 26 county that did not have zoning prior to July 1, 1981. 27 2. Such The regulations shall be made with reasonable 28 consideration, among other things, as to the character of the 29 area of the district and the peculiar suitability of such area 30 for particular uses, and with a view to conserving the value 31 of buildings and encouraging the most appropriate use of land 32 throughout such county. 33 3. The regulations may be made with consideration of the 34 smart planning principles under section 18B.1. 35 -5- LSB 5361HV (2) 83 md/sc 5/ 7
H.F. 2476 Sec. 5. Section 414.3, Code 2009, is amended to read as 1 follows: 2 414.3 Basis of regulations. 3 1. The regulations shall be made in accordance with a 4 comprehensive plan and designed to preserve the availability of 5 agricultural land; to consider the protection of soil from wind 6 and water erosion; to encourage efficient urban development 7 patterns; to lessen congestion in the street; to secure safety 8 from fire, flood, panic, and other dangers; to promote health 9 and the general welfare; to provide adequate light and air; to 10 prevent the overcrowding of land; to avoid undue concentration 11 of population; to promote the conservation of energy resources; 12 to promote reasonable access to solar energy; and to facilitate 13 the adequate provision of transportation, water, sewerage, 14 schools, parks, and other public requirements. However, 15 provisions of this section relating to the objectives of energy 16 conservation and access to solar energy do not void any zoning 17 regulation existing on July 1, 1981, or require zoning in a 18 city that did not have zoning prior to July 1, 1981. 19 2. Such The regulations shall be made with reasonable 20 consideration, among other things, as to the character of the 21 area of the district and the peculiar suitability of such area 22 for particular uses, and with a view to conserving the value 23 of buildings and encouraging the most appropriate use of land 24 throughout such city. 25 3. The regulations may be made with consideration of the 26 smart planning principles under section 18B.1. 27 EXPLANATION 28 This bill creates new Code section 18B.1, which establishes 29 ten smart planning principles. Under the bill, state 30 agencies, local governments, and other public entities are 31 authorized to consider and may apply the principles during 32 all appropriate planning, zoning, development, and resource 33 management decisions. The smart planning principles encourage 34 collaboration with other groups and individuals, identify 35 -6- LSB 5361HV (2) 83 md/sc 6/ 7
H.F. 2476 the importance of efficiency, transparency, and consistency, 1 advise the use of clean and renewable energy, advise the 2 use of energy-efficient and sustainable design options, 3 encourage occupational, transportation, and housing diversity, 4 encourage revitalization, identify the importance of community 5 character, and encourage decisions that will protect natural 6 and agricultural resources. 7 -7- LSB 5361HV (2) 83 md/sc 7/ 7