Legislative Correspondence - HSB100 and SSB1141 Land Use and Zoning Copyrighted
March 4, 2019
City of Dubuque Consent Items # 23.
ITEM TITLE: Legislative Correspondence - HSB100 and SSB1141
Land Use and Zoning
SUM MARY: City Manager providing a copy of correspondence sent to
State Legislators expressing opposition to State
preemption of local land use and zoning issues.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Letter to State Legislators re HSB100 and SSB1141 Supporting Documentation
DUbUC{U8 Ciry Manager'e Office
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www.cityo fdubuque.org
February 25, 2019
«CompleteOFFICIALName_Address»
Dear «Title» «Last»,
HSB100 and SSB1141 are companion bills introduced in the Legislature that represent
an overreach by the State of lowa to preempt local control over inherently and
historically local issues of land use and zoning. Your constituents will not thank you
for these bills, when they ask their local government to deal with expansion of a
nonconforming use that devalues their properties i, � ,Fa
and are told: "There's nothing we can do, the �,�,r,
State tied our hands. This nonconforming use `
can expand right up to your property line". �� ; � ii .
h•• " �;r" 5i.
This correspondence is written in response to � , � ' � ���
changes proposed to Sea 2. Section 414.1 , �� - �'`e ` -
subsection 1 , (c) Code 2019 of the State of lowa � " _-=_-""'�
Code regarding zoning regulation of non-
conforming uses. As stated, the proposed code �
change would further limit a municipalities ability
to regulate the expansion of non-conforming uses by stating: "...a nonconforming use
is deemed to have been enlarged or extended only when the overall nature and
character of the present use are substantially or entirely different from the
original lawful preexisting nonconforming use." As understood, this language
means that unless a non-conforming use is changed to another use, the original use
can expand. The assumption is that the proposed code change would permit the use to
expand by adding new or enlarging existing structures and/or consuming more of the
non-conforming property.
Cities adopt zoning ordinances and comprehensive plans in an effort to guide
development in a logical and orderly manner, the intent of which is to protect property
values and the overall public interest. When zoning regulations are superimposed on to
existing properties, making them non-conforming, most zoning ordinances permit the
non-conforming use to continue provided the use does not cease for a determinate
period of time and that the use is not physically expanded by consuming vacant portions
of the lot or by expanding existing buildings or adding new buildings. The intent is to
allow non-conforming uses to continue; but, to bring non-conforming properties into
conformity over time by following the standards and uses established by current zoning
regulations.
«Tltle» «Flrst» «Last»
February 25, 2019
Page 2
There is a compelling public interest regarding the limits placed on non-conformities.
The vision established by a city's comprehensive plan and by the supportive zoning
ordinance is intended to guide development subsequent to the adoption of the
ordinance. Current zoning regulations allow a non-conformity to continue as is, but limit
the ability to expand said non-conformity. This limit is a valuable tool used to slowly
eliminate non-conformities over time so as to align new uses with the vision established
in the comprehensive plan and with the underlying zoning regulations. Permitting non-
conforming uses to expand will perpetuate their continued use and run counter to a
city's plans for current and future development. Non-conformities can often be more
intense in the activities, demand on parking, traffic generation than the new regulations
that bind the non-conforming property and adjacent properties. This can affect the
adjacent properties ability to be developed as there is no assurance that the non-
conforming use may expand further impacting the neighborhood.
Furthermore, non-conforming properties enjoy the same administrative remedies as all
city properties, in that, if intent on expanding they can apply for a rezoning through the
public hearing process. At which time, the Zoning Advisory Commission and City
Council can review their proposal considering it in light of current development patterns.
In summary, cities and counties use zoning to regulate nonconforming uses to ensure
compatibility, a stable economy and quality of life for your constituents. The use and
enjoyment of one's property extend only to the point where that land use doesn't
infringe on the rights of adjacent owners for the use and enjoyment of their properties.
The State of lowa should avoid inhibiting local governments by preempting local zoning
and land use control through these bills. The regulation of land use through zoning is
best applied at the local level. The State of lowa cannot adequately respond to the
common land use goals of a municipality's comprehensive plan. Land use control is an
arena where local government excels.
Cities and counties are directly accountable to their residents and businesses,
institutions and industries. Therefore, municipalities should be allowed to regulate land
use in the best interest of their constituents — who are also your constituents — at the
local level. This local control should not be restricted for nonconforming uses, including
the control on their expansion.
We urge you to vote NO on these bills: HSB100 and SSB1141 . Thank you.
Sincerely,
���� ��
Michael C. Van Milligen
City Manager