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
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5361HV
(2)
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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
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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,
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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
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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,
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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.
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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
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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
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