Bill Text: IA HSB240 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the process of adopting county comprehensive plans and zoning restrictions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-03-05 - Subcommittee Meeting: 03/06/2019 11:00AM House Lounge. [HSB240 Detail]
Download: Iowa-2019-HSB240-Introduced.html
House
Study
Bill
240
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
KAUFMANN)
A
BILL
FOR
An
Act
relating
to
the
process
of
adopting
county
comprehensive
1
plans
and
zoning
restrictions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
335.4,
Code
2019,
is
amended
to
read
as
1
follows:
2
335.4
Areas
and
districts.
3
For
any
and
all
of
said
purposes
In
accordance
with
section
4
335.8,
the
board
of
supervisors
may
divide
the
county,
or
5
any
area
or
areas
within
the
county,
into
districts
of
such
6
number,
shape,
and
area
as
may
be
deemed
best
suited
to
carry
7
out
the
purposes
of
this
chapter
;
and
within
such
districts
8
it
may
regulate
and
restrict
the
erection,
construction,
9
reconstruction,
alteration,
repair,
or
use
of
buildings,
10
structures
or
land.
All
such
regulations
and
restrictions
11
shall
be
uniform
for
each
class
or
kind
of
buildings
throughout
12
each
district,
but
the
regulations
in
one
district
may
differ
13
from
those
in
other
districts.
When
each
area
is
divided
14
into
a
district,
it
shall
be
based
on
the
primary
use
of
the
15
property
within
the
area
with
consideration
of
each
landowner’s
16
intended
future
use.
17
Sec.
2.
Section
335.5,
subsection
2,
Code
2019,
is
amended
18
to
read
as
follows:
19
2.
The
regulations
shall
be
made
with
reasonable
20
consideration,
among
other
things,
as
to
the
character
of
21
the
area
of
the
district
and
the
peculiar
suitability
of
22
such
area
for
particular
uses,
and
with
a
view
to
conserving
23
the
value
of
buildings
,
land,
and
businesses
and
encouraging
24
the
most
appropriate
use
of
land
throughout
such
county.
25
The
regulations
shall
include
reasonable
accommodations
for
26
secondary,
accessory,
and
incidental
uses
of
property
in
each
27
district.
28
Sec.
3.
Section
335.5,
subsection
4,
paragraph
a,
Code
2019,
29
is
amended
to
read
as
follows:
30
a.
A
comprehensive
plan
recommended
for
adoption
or
31
amendment
by
the
zoning
commission
established
under
section
32
335.8
,
may
be
adopted
by
the
board
of
supervisors.
The
board
33
of
supervisors
shall
not
discuss
the
substance
of
the
plan,
34
hold
a
public
hearing,
or
take
action
until
it
has
received
a
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final
report
of
the
recommendation
from
the
zoning
commission.
1
The
board
of
supervisors
may
amend
a
proposed
comprehensive
2
plan
or
amendment
prior
to
adoption.
The
board
of
supervisors
3
shall
publish
notice
of
the
meeting
at
which
the
comprehensive
4
plan
will
be
considered
for
adoption.
The
notice
shall
be
5
published
as
provided
in
section
331.305
.
6
Sec.
4.
Section
335.5,
subsection
4,
paragraph
c,
Code
2019,
7
is
amended
by
striking
the
paragraph.
8
Sec.
5.
Section
335.8,
subsection
1,
Code
2019,
is
amended
9
to
read
as
follows:
10
1.
In
order
to
avail
itself
of
the
powers
conferred
by
this
11
chapter
,
the
board
of
supervisors
shall
appoint
a
commission,
a
12
majority
of
whose
members
shall
reside
within
the
county
but
13
outside
the
corporate
limits
of
any
city,
to
be
known
as
the
14
county
zoning
commission,
to
recommend
the
boundaries
of
the
15
various
original
districts
and
appropriate
regulations
and
16
restrictions
to
be
enforced
therein.
Only
eligible
electors
17
who
reside
within
the
area
to
be
regulated
by
the
county
18
zoning
ordinance
may
be
appointed.
Such
commission
shall,
19
with
due
diligence,
prepare
a
preliminary
report
and
hold
20
public
hearings
thereon
before
submitting
its
final
report;
and
21
the
board
of
supervisors
shall
not
discuss
the
boundaries
or
22
the
substance
of
the
regulations,
hold
its
public
hearings
,
23
or
take
action
until
it
has
received
the
final
report
of
24
such
commission.
After
the
adoption
of
such
regulations,
25
restrictions,
and
boundaries
of
districts,
the
zoning
26
commission
may,
from
time
to
time,
recommend
to
the
board
of
27
supervisors
amendments,
supplements,
changes
or
modifications.
28
Sec.
6.
Section
335.11,
Code
2019,
is
amended
to
read
as
29
follows:
30
335.11
Membership
of
board.
31
The
board
of
adjustment
shall
consist
of
five
members,
a
32
majority
of
whom
shall
reside
within
the
county
but
outside
the
33
corporate
limits
of
any
city,
each
to
be
appointed
for
a
term
34
of
five
years,
excepting
that
when
the
board
shall
first
be
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created
one
member
shall
be
appointed
for
a
term
of
five
years,
1
one
for
a
term
of
four
years,
one
for
a
term
of
three
years,
2
one
for
a
term
of
two
years,
and
one
for
a
term
of
one
year.
3
Only
eligible
electors
who
reside
within
the
area
regulated
by
4
the
county
zoning
ordinance
may
be
appointed.
Members
shall
be
5
removable
for
cause
by
the
appointing
authority
upon
written
6
charges
and
after
public
hearing.
Vacancies
shall
be
filled
7
for
the
unexpired
term
of
any
member
whose
term
becomes
vacant.
8
Sec.
7.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
9
importance,
takes
effect
upon
enactment.
10
Sec.
8.
RETROACTIVE
APPLICABILITY.
This
Act
applies
11
retroactively
to
May
1,
2018,
to
comprehensive
plans
adopted
12
on
or
after
that
date.
A
comprehensive
plan
not
in
compliance
13
with
this
Act
shall
be
invalid
until
readopted
in
a
manner
14
consistent
with
this
Act.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
the
process
of
adopting
county
19
comprehensive
plans
and
zoning
restrictions.
20
Under
current
law,
a
county
zoning
commission
recommends
a
21
comprehensive
plan
to
the
county
board
of
supervisors.
The
22
board
of
supervisors
establishes
regulations
for
districts
23
within
the
jurisdiction
of
the
county.
24
The
bill
requires
a
board
of
supervisors
to
consider
the
25
primary
use
of
property
with
consideration
of
a
landowner’s
26
intended
future
use
when
designating
an
area
into
a
district.
27
The
bill
requires
regulations
to
allow
for
reasonable
28
accommodations
for
secondary,
accessory,
and
incidental
uses
29
of
property
in
a
district.
The
bill
prohibits
a
board
of
30
supervisors
from
discussing
the
substance
of
a
comprehensive
31
plan
or
zoning
regulations
or
holding
a
public
hearing
or
32
taking
action
on
a
comprehensive
plan
until
the
board
has
33
received
a
final
report
of
the
recommendation
from
the
county
34
zoning
commission.
The
bill
removes
the
ability
of
the
board
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of
supervisors
to
amend
a
comprehensive
plan
at
any
time.
The
1
bill
requires
that
a
county
zoning
commission
and
a
board
of
2
supervisors
consist
of
only
those
persons
who
are
eligible
3
electors
that
reside
within
the
area
to
be
regulated
by
the
4
county
zoning
ordinance.
5
The
bill
takes
effect
upon
enactment.
The
bill
applies
6
retroactively
to
any
comprehensive
plan
adopted
on
or
after
May
7
1,
2018.
A
comprehensive
plan
that
is
not
in
compliance
with
8
the
bill
shall
be
invalid
until
adopted
in
a
manner
consistent
9
with
the
bill.
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