World Peace through Zoning–slogan on a sticker at the 2009 American Planning Association Upper Midwest Conference.

Planning is an essential tool to manage and guide growth and development in any community and set out expectations for land use and provide enforcement options to the government. The purpose is to set up a plan that owners and developers in a community can see and help them make decisions. It is also a critical tool to prevent incompatible types of development happening next to each other. Before land zoning became common, noise, odors, and other pollution occurred that affected housing. Zoning came about to help manage this.

Not surprisingly the foundation of zoning begins with property rights, which have been shaped with legislation and court rulings. The US Constitution and Thomas Jefferson’s Public Land Survey System established private property rights and a means to convey property. Jefferson’s system set up a plan by which land was transferred to private entities–citizens and railroads primarily, through fees or grants. Following that, land is bought and sold through a legal process.

Under the Constitution rights not reserved for the Federal government are reserved to the States and to the People. The state of Iowa delegates authority to its cities and counties and includes the right to set up land use zones through the City Council or Board of Supervisors. There are constitution expectations that citizens have rights to own, use, and enjoy their land but the States have delegated regulation of land use and health and safety to the cities and counties. Local governments manage those uses to make sure adjacent uses are compatible and to provide means to address problems when they occur. The rights of adjoining landowners are also taken into account, especially if a nuisance becomes an issue. But for the most part, an owner has a right to use property in the manner for which it is zoned without infringement other than what is set forth in the zoning ordinance. If another use is desired, rezoning needs to occur. If there are problems with land use, it will be addressed through the zoning ordinance.

Planning is a process distinct from zoning. It is a method of setting goals and guidelines for how development and growth should occur. Since ancient times, cities and regions have been planned by governments, but a major change happened when Daniel Burnham made the Chicago Plan of 1909.

Plan of Central Chicago in Daniel H. Burnham and Edward H. Bennett, Plan of Chicago,Chicago Commercial Club, Chicago Illinois. 1909

The plan was big in scope and ambitious. Much of the plan would not come to pass, but it did guide decision making in Chicago and it set up a Plan Commission that oversaw development and changes in use, which has based decisions, in part at least, on the original plan. From that grew a number of cities adopting a master plan or comprehensive plan that guides all zoning decisions in the community. Ultimately, a landowner has the final say in whatever changes occur in land use zoning of their property, even though broad planning occurs on a community level.Much of this hinges on the concept of procedural due process wherein collective and individual rights are outlined for possible changes through a process of public hearings and votes by elected officials. In Iowa, a city council has the final say in adopting plans and making zoning changes. But the two are very different.

A plan will be made after much public input through individual comments and at local information meetings. From there the local commission does fact finding and holds a public hearing. At the conclusion of the hearing the commission makes a recommendation to City Council. The City council then will hold a hearing and take comments from groups and individuals and finally vote on the adoption of the plan. If all goes as it should, the plan is usually adopted.

There are three main type of plan we use in Iowa City. I say we, because the citizens are part of the process. The main document is called the Comprehensive Plan. This sets the overall goals for the community and identifies general subregions for further study. The deeper study happens in district plans and more detailed study goes into smaller areas. Existing land use, trends in city growth, economics and problems to solve are identified. State code also requires preservation of agricultural land, conservation of soil, protection of water, as well working on traffic and health and safety issues. Additionally property values and best land use are to be considered. All city zoning in Iowa needs to refer back to the Comprehensive Plan. In Iowa City, we also look at arts and culture and make extensive use of park planning. The Comprehensive Plan provides a report on current conditions and provides a suggested way to accomplish the goals.

Fairly recently we have started to see master plans used. This is a little confusing, to me anyway, because a Master Plan often is what other states call their comprehensive plan. But in Iowa City this is what is being used to develop plans for a specific group of properties that is much more focused than a district plan. Again, these are documents that analyze the current situations and set goals for future development.

In contrast, zoning is the legal code that says what land uses are allowed in what parts of the city. The base zone are residential, commercial, and industrial as well as public. There are grades of density and use intensity in each the four main types and each has separate but related standards. Iowa City also makes use of overlay zones for certain density allocations in planned developments, to provide design review in certain areas, and also for historic preservation districts. Iowa City also has a sensitive lands and features section in the code so that erodible slopes, trees, wetlands and archaeological sites are preserved.

A zoning change is only initiated by the landowner. Iowa courts have found that applications to rezone property can only be initiated by the entity that owns the land, even if it is a local government. As a result, your neighbor can’t rezone your property and you can’t rezone theirs. The process involves the owner filing an application, which is reviewed by staff and changes can be suggested. Eventually, the issue goes to the Planning and Zoning commission, which takes comments from groups and individuals. They then vote to make a recommendation to approve or deny the request. Note the owner initiates the request, but if the request is contrary to the public interest, and in particular, if it goes against the comprehensive plan, the request can be denied. Note that even if the parcel is rezoned, existing uses almost always can continue so long as the use is continuous and uninterrupted for no longer than a given period of time. The land can be sold and still the use is preserved even though it is now non-conforming. This is called “grandfathering” and you may have noticed that most existing uses and features are grandfathered unless there is an eminent threat to health and safety.

One exception to this is a somewhat murky section of Iowa law regarding eminent domain, but in general this is not to be used for private use and a clear public benefit must be demonstrated. It is not often used in cities except for slum and blight and most often happens in counties for roadway construction.

So the main ideas to keep in mind are property rights belong to the property owner. The State of Iowa generally delegates regulation of property to the local government. The local government plans for land use through the comprehensive plan and approves land use changes through the zoning process.

Did you know? The Iowa City Planning and Zoning Commission is required to be gender balanced by ordinance and in 2016 the commission has been chaired by a woman for most of the past 10 years.

Additional resources: Iowa City planning documents, Iowa City Zoning Code, Iowa Code Chapter 414 City Zoning.