RAPID/Roadmap/1-IA-a
Iowa Land Use Planning (1-IA-a)
Land Use Planning Process
1-IA-a.1 to 1-IA-a.2 – Is the Project an Electric Transmission Project?
Despite the land use planning done by other entities, the Iowa Utilities Board has jurisdiction over all electric transmission siting within the state. Iowa Code § 474; Iowa Code § 478. Transmission lines capable of carrying a voltage of 69kV or higher must have an Electric Transmission Line Franchise in order to be constructed or operated. I.C. § 478.1(1). Transmission lines below this voltage capacity do not require such franchises, but the Utility Board still retains jurisdiction over those lines, including siting. I.C. § 478.1(2). For more information see:
Transmission Siting Process:
8-IA-a
1-IA-a.3 – Review Comprehensive Plan
The Developer should review the comprehensive plan of the county or municipality in which the project will be located for compatibility with the comprehensive plan. Iowa Code § 335.5; Iowa Code § 414.3. In Iowa, Comprehensive plans are used by cities and counties to achieve the following goals:
- The preservation of availability of agricultural land;
- The protection of soil from wind and water erosion;
- The encouragement of efficient urban development patterns;
- Easing congestion in the street or highway; to
- Securing safety from fire, flood, panic, and other dangers;
- Protecting health and the general welfare;
- Providing adequate light and air;
- Preventing the overcrowding of land;
- Avoiding undue concentration of population;
- Promoting the conservation of energy resources;
- Promoting reasonable access to solar energy; and
- Facilitating the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.
Iowa Code § 335.5; Iowa Code § 414.3.
1-IA-a.4 – Review Zoning Code
The developer should review the zoning code of the area in which the project will be located. The zoning code regulates land use by prescribing restrictions on dimensions and acceptable uses. Iowa Code § 335.3; Iowa Code 414.1.
1-IA-a.5 to 1-IA-a.6 – Is the Project Compatible with Existing Uses?
If the project is compatible with existing uses in the zoning code, the developer may proceed with the project, either by right or by obtaining a special use permit that allows for the development with conditions attached. Iowa Code § 335.3; Iowa Code 414.2. If the project is not compatible, the developer must apply for a variance with the county or city board of adjustment. Iowa Code §§ 335.3, 335.4; Iowa Code §§ 414.1, 414.2.
1-IA-a.7 – Request for Variance
The Developer may request a Variance from the relevant board of adjustment. Iowa Code § 335.15; Iowa Code § 414.12. The Variance allows for a nonconforming use that would otherwise not be permitted in a zone. Iowa Code § 335.15; Iowa Code § 414.12. The application for a variance varies by location.
1-IA-a.8 – Review Variance for Approval== The board of adjustment reviews the variance for approval. The Board may only grant the variance where the variance will not be contrary to the general interest, and where the specific circumstances of the project mean the literal enforcement of the existing zoning code will cause unnecessary hardship. Iowa Code § 335.15; Iowa Code § 414.12.
1-IA-a.9 to 1-IA-a.10 – Is the Variance Granted?
If the variance is granted, the developer may proceed with the project, but must abide by any conditions placed on the grant of the variance by the Board of Adjustment. Iowa Code § 335.15; Iowa Code § 414.12. The Developer or any aggrieved party may file an appeal before the Board of Adjustment if the Variance is not granted. Iowa Code § 335.13; Iowa Code § 414.10.
1-IA-a.11 – Code Amendment
If the Variance is not granted, the developer may apply for a code amendment from the Zoning Commission. A Code Amendment changes the underlying uses in a zone, allowing for the development of a project. Iowa Code § 335.7; Iowa Code § 414.4.
1-IA-a.12 to 1-IA-a.13 – Provide Notice of Public Hearing
The Zoning Commission must provide notice of a public hearing prior to approving the Code Amendment. Iowa Code § 335.7; Iowa Code § 414.4. The notice must contain the date, time, and location of the hearing, and identify the proposed area. Iowa Code § 335.7; Iowa Code § 414.4.
At the hearing, the Commission must allow parties in interest and the general citizenry the opportunity to be heard. Iowa Code § 335.7; Iowa Code § 414.4.
1-IA-a.14 to 1-IA-a.15 – Review Code Amendment for Approval
The Commission considers the Code Amendment for approval after the public hearing. In making its determination, the Commission considers the relationship of the area in question to the larger scheme of the Zoning Code as well as the goals set out in the comprehensive plan. Iowa Code § 335.5; Iowa Code § 414.3.
1-IA-a.16 – Code Amendment
The Zoning Commission will update the Zoning code if the Code Amendment is approved. The Zoning Commission may condition the code amendment if it decides that conditions are necessary to satisfy public needs which are directly caused by the requested change. Iowa Code § 335.7; Iowa Code § 414.4. The Developer may proceed with the project once the code amendment has been approved.
1-IA-a.17 – Appeal Decision (Optional)
The Developer or any aggrieved party may appeal the decision of the Zoning Committee to the Board of Adjustment. Iowa Code § 335.13; Iowa Code § 414.10. The appeal must be heard within a reasonable period of time.
Contact Information
Suggest a contact using the Feedback button above.Suggest edits using the Feedback button above.
Regulations
Edit
Iowa City Development Board
Board Administrator
(515) 725-3126
cdb@iowaedaabbazabbacom
Visit Website