House Study Bill 516 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON LUNDGREN) A BILL FOR An Act relating to the zoning of maternity group homes. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5167YC (2) 90 js/ns

H.F. _____ Section 1. NEW SECTION . 414.27 Zoning for maternity group 1 homes. 2 1. It is the intent of this section to assist in improving 3 the quality of life of new and expecting mothers by making 4 available to them community residential opportunities in the 5 residential areas of this state. In order to implement this 6 intent, this section shall be liberally construed. 7 2. a. “Maternity group home” means a community-based 8 residential home that provides room and board, personal care, 9 supervision, training, support, and education in a family 10 environment for women who are either pregnant or who have given 11 birth within the preceding twenty-four months and live with 12 their children, and includes overnight room accommodations and 13 administrative and office space for those persons who provide 14 such services. 15 b. “Permitted use” means the same as defined in section 16 414.22. 17 c. “Residential” means the same as defined in section 18 414.22. 19 3. Notwithstanding any provision of this chapter to the 20 contrary, a city, city council, or city zoning commission shall 21 consider a maternity group home a residential use of property 22 for the purpose of zoning and shall treat a maternity group 23 home as a permitted use in all residential zones or districts, 24 including all single-family residential zones or districts, 25 of the city. A city, city council, or city zoning commission 26 shall not require that a maternity group home, its owner, or 27 its operator obtain a conditional use permit, special use 28 permit, special exception, or variance. However, new maternity 29 group homes owned and operated by public or private agencies 30 shall be dispersed throughout the residential zones and 31 districts and shall not be located within contiguous city block 32 areas. 33 4. Any restriction, reservation, condition, exception, or 34 covenant in any subdivision plan, deed, or other instrument 35 -1- LSB 5167YC (2) 90 js/ns 1/ 2

H.F. _____ of or pertaining to the transfer, sale, lease, or use of 1 property in a city that permits residential use of property but 2 prohibits the use of property as a maternity group home for new 3 and expecting mothers, to the extent of the prohibition, is 4 void as against the public policy of this state and shall not 5 be given legal or equitable effect. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill requires a city, city council, or city zoning 10 commission to consider a maternity group home as a residential 11 use of property for the purpose of zoning and to treat a 12 maternity group home as a permitted use in all residential 13 zones or districts. The bill defines “maternity group home”, 14 “permitted use”, and “residential”. The bill provides that any 15 restriction, reservation, condition, exception, or covenant 16 in any subdivision plan, deed, or other instrument of or 17 pertaining to the transfer, sale, lease, or use of property in 18 a city that permits residential use of property but prohibits 19 the use of property as a maternity group home for new and 20 expecting mothers, to the extent of the prohibition, is void as 21 against the public policy of this state and shall not be given 22 legal or equitable effect. 23 The bill does not include similar provisions for county 24 zoning under Code chapter 335. 25 -2- LSB 5167YC (2) 90 js/ns 2/ 2