House Study Bill 240 - IntroducedA Bill ForAn Act 1relating to the process of adopting county comprehensive
2plans and zoning restrictions.
1   Section 1.  Section 335.4, Code 2019, is amended to read as
   3335.4  Areas and districts.
   4For any and all of said purposes In accordance with section
the board of supervisors may divide the county, or
6any area or areas within the county, into districts of such
7number, shape, and area as may be deemed best suited to carry
8out the purposes of this chapter; and within such districts
9it may regulate and restrict the erection, construction,
10reconstruction, alteration, repair, or use of buildings,
11structures or land. All such regulations and restrictions
12shall be uniform for each class or kind of buildings throughout
13each district, but the regulations in one district may differ
14from those in other districts. When each area is divided
15into a district, it shall be based on the primary use of the
16property within the area with consideration of each landowner’s
17intended future use.

18   Sec. 2.  Section 335.5, subsection 2, Code 2019, is amended
19to read as follows:
   202.  The regulations shall be made with reasonable
21consideration, among other things, as to the character of
22the area of the district and the peculiar suitability of
23such area for particular uses, and with a view to conserving
24the value of buildings, land, and businesses and encouraging
25the most appropriate use of land throughout such county.
 26The regulations shall include reasonable accommodations for
27secondary, accessory, and incidental uses of property in each

29   Sec. 3.  Section 335.5, subsection 4, paragraph a, Code 2019,
30is amended to read as follows:
   31a.  A comprehensive plan recommended for adoption or
by the zoning commission established under section
33335.8, may be adopted by the board of supervisors. The board
34of supervisors shall not discuss the substance of the plan,
35hold a public hearing, or take action until it has received a
-1-1final report of the recommendation from the zoning commission.

2 The board of supervisors may amend a proposed comprehensive
3plan or amendment prior to adoption. The board of supervisors
4shall publish notice of the meeting at which the comprehensive
5plan will be considered for adoption. The notice shall be
6published as provided in section 331.305.
7   Sec. 4.  Section 335.5, subsection 4, paragraph c, Code 2019,
8is amended by striking the paragraph.
9   Sec. 5.  Section 335.8, subsection 1, Code 2019, is amended
10to read as follows:
   111.  In order to avail itself of the powers conferred by this
12chapter, the board of supervisors shall appoint a commission, a
13majority of whose members shall reside within the county but
14outside the corporate limits of any city, to be known as the
15county zoning commission, to recommend the boundaries of the
16various original districts and appropriate regulations and
17restrictions to be enforced therein. Only eligible electors
18who reside within the area to be regulated by the county
19zoning ordinance may be appointed.
Such commission shall,
20with due diligence, prepare a preliminary report and hold
21public hearings thereon before submitting its final report; and
22the board of supervisors shall not discuss the boundaries or
23the substance of the regulations,
hold its public hearings,
24 or take action until it has received the final report of
25such commission. After the adoption of such regulations,
26restrictions, and boundaries of districts, the zoning
27commission may, from time to time, recommend to the board of
28supervisors amendments, supplements, changes or modifications.
29   Sec. 6.  Section 335.11, Code 2019, is amended to read as
   31335.11  Membership of board.
   32The board of adjustment shall consist of five members, a
33majority of whom shall reside within the county but outside the
34corporate limits of any city, each to be appointed for a term
35of five years, excepting that when the board shall first be
-2-1created one member shall be appointed for a term of five years,
2one for a term of four years, one for a term of three years,
3one for a term of two years, and one for a term of one year.
 4Only eligible electors who reside within the area regulated by
5the county zoning ordinance may be appointed.
Members shall be
6removable for cause by the appointing authority upon written
7charges and after public hearing. Vacancies shall be filled
8for the unexpired term of any member whose term becomes vacant.
9   Sec. 7.  EFFECTIVE DATE.  This Act, being deemed of immediate
10importance, takes effect upon enactment.
11   Sec. 8.  RETROACTIVE APPLICABILITY.  This Act applies
12retroactively to May 1, 2018, to comprehensive plans adopted
13on or after that date. A comprehensive plan not in compliance
14with this Act shall be invalid until readopted in a manner
15consistent with this Act.
17The inclusion of this explanation does not constitute agreement with
18the explanation’s substance by the members of the general assembly.
   19This bill relates to the process of adopting county
20comprehensive plans and zoning restrictions.
   21Under current law, a county zoning commission recommends a
22comprehensive plan to the county board of supervisors. The
23board of supervisors establishes regulations for districts
24within the jurisdiction of the county.
   25The bill requires a board of supervisors to consider the
26primary use of property with consideration of a landowner’s
27intended future use when designating an area into a district.
28The bill requires regulations to allow for reasonable
29accommodations for secondary, accessory, and incidental uses
30of property in a district. The bill prohibits a board of
31supervisors from discussing the substance of a comprehensive
32plan or zoning regulations or holding a public hearing or
33taking action on a comprehensive plan until the board has
34received a final report of the recommendation from the county
35zoning commission. The bill removes the ability of the board
-3-1of supervisors to amend a comprehensive plan at any time. The
2bill requires that a county zoning commission and a board of
3supervisors consist of only those persons who are eligible
4electors that reside within the area to be regulated by the
5county zoning ordinance.
   6The bill takes effect upon enactment. The bill applies
7retroactively to any comprehensive plan adopted on or after May
81, 2018. A comprehensive plan that is not in compliance with
9the bill shall be invalid until adopted in a manner consistent
10with the bill.