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LEXIS NEXIS (R) IOWA ANNOTATED STATUTES

*** This document is current through the 2013 Supplement (2013 Legislation) ***
TITLE IX LOCAL GOVERNMENT
SUBTITLE 4 CITIES
CHAPTER 414 CITY ZONING
GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION
Iowa Code 414.3 (2013)
414.3 Regulations and comprehensive plan -- considerations and objectives -- notice, adoption, distribution.
1. The regulations shall be made in accordance with a comprehensive plan and designed to preserve the availability of
agricultural land; to consider the protection of soil from wind and water erosion; to encourage efficient urban
development patterns; to lessen congestion in the street; to secure safety from fire, flood, panic, and other dangers; to
promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid
undue concentration of population; to promote the conservation of energy resources; to promote reasonable access to
solar energy; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public
requirements. However, provisions of this section relating to the objectives of energy conservation and access to solar
energy do not void any zoning regulation existing on July 1, 1981, or require zoning in a city that did not have zoning
prior to July 1, 1981.
2. The regulations shall be made with reasonable consideration, among other things, as to the character of the area
of the district and the peculiar suitability of such area for particular uses, and with a view to conserving the value of
buildings and encouraging the most appropriate use of land throughout such city.
3. The regulations and comprehensive plan shall be made with consideration of the smart planning principles under
section 18B.1 and may include the information specified in section 18B.2, subsection 2.
4. a. A comprehensive plan recommended for adoption by the zoning commission established under section 414.6,
may be adopted by the council. The council may amend the proposed comprehensive plan prior to adoption. The
council shall publish notice of the meeting at which the comprehensive plan will be considered for adoption. The notice
shall be published as provided in section 362.3.
b. Following its adoption, copies of the comprehensive plan shall be sent or made available to the county in which
the city is located, neighboring counties and cities, the council of governments or regional planning commission where
the city is located, and public libraries within the city.
c. Following its adoption, a comprehensive plan may be amended by the council at any time.
HISTORY: [C24, 27, 31, 35, 39, 6454; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 414.3; 81 Acts, ch 125, 2;
82 Acts, ch 1245, 18]
2010 Acts, ch 1184, 23
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LexisNexis (R) Notes:
CASE NOTES
1. Board of supervisors did not act arbitrarily and capriciously when it denied the property owners' request for rezoning
when the decision was based upon the county's comprehensive plan not to mix residential with commercial property
uses. Riniker v. Dubuque County, 2002 Iowa App. LEXIS 857 (Iowa Ct. App. Aug. 14 2002).
2. (Unpublished Opinion) City council did not act illegally in rezoning forty acres of land from suburban agricultural to
large-lot residential as the council's actions complied with the requirements of Iowa Code 414.3, were supported by
substantial evidence, and were not arbitrary, capricious, or an abuse of discretion; the district court's findings were
supported by substantial evidence. Marianne Craft Norton Trust v. City Council of Hudson, 2009 Iowa App. LEXIS
1436 (Iowa Ct. App. Oct. 7 2009).
3. Board of supervisors did not act arbitrarily and capriciously when it denied the property owners' request for rezoning
when the decision was based upon the county's comprehensive plan not to mix residential with commercial property
uses. Riniker v. Dubuque County, 2002 Iowa App. LEXIS 857 (Iowa Ct. App. Aug. 14 2002).
OPINIONS OF ATTORNEY GENERAL
1. MUNICIPALITIES: Zoning; dual service on planning and zoning commission and board of adjustment. Iowa Code
414.6, 414.7, 414.8, 414.9, 414.12 (2005). A city ordinance requiring common membership on the planning and
zoning commission and board of adjustment does not necessarily result in a defacto single board. As long as precautions
are taken to ensure that the two entities continue to operate as separate entities, common membership on the planning
and zoning commission and board of adjustment does not violate chapter 414 and is not otherwise prohibited by Iowa
law. (Smith to Rants, State Representative, 2-22-05), Opinion No. 05-2-1, 2005 Iowa AG LEXIS 5.
2. CITIES; ANIMAL FEEDING OPERATIONS: Authority of cities to regulate animal feeding operations within
annexed territory. Iowa Const. art. III, 38A; Iowa Code 204.2(1), 204.2(3), 364.1, 368.1(2), 414.1, 414.3, 414.23,
455B.172(4), 455B.173(13), 657.11. City ordinances which attempt to regulate the conduct of animal feeding
operations would be preempted by state law. A city may enact a zoning ordinance pursuant to Iowa Code chapter 414 to
prohibit animal feeding operations within city limits; however, enactment of a zoning ordinance to prohibit an existing
animal feeding operation could adversely affect the rights of those who have a property interest in the animal feeding
operation., No. 00-1-2, 2000 Iowa AG LEXIS 14.
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Iowa Code 414.3