Senate File 125 - Introduced



                                       SENATE FILE       
                                       BY  BOETTGER


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to zoning provisions for the premises of home and
  2    community=based services waiver providers.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1557SS 82
  5 pf/es/88

PAG LIN



  1  1    Section 1.  NEW SECTION.  335.34  HOME AND COMMUNITY=BASED
  1  2 SERVICES WAIVER PROVIDER.
  1  3    A county, county board of supervisors, or county zoning
  1  4 commission shall consider the premises of a home and
  1  5 community=based services waiver provider as a residential use
  1  6 of property for the purposes of zoning and shall treat the use
  1  7 of the premises by the home and community=based services
  1  8 waiver provider as a permitted use in all residential zones or
  1  9 districts, including all single=family residential zones or
  1 10 districts, of the county.  A county, county board of
  1 11 supervisors, or a county zoning commission shall not require
  1 12 that a home and community=based services waiver provider
  1 13 obtain a conditional use permit, special use permit, special
  1 14 exception or variance.  A county, county board of supervisors,
  1 15 or a county zoning commission shall not establish limitations
  1 16 regarding the proximity of one proposed home and
  1 17 community=based services waiver provider to another.  For the
  1 18 purposes of this section, "home and community=based services
  1 19 waiver provider" means an agency certified by the department
  1 20 of human services to provide home and community=based services
  1 21 under a medical assistance waiver approved by the federal
  1 22 government and implemented under the medical assistance
  1 23 program.
  1 24    Sec. 2.  NEW SECTION.  414.32  HOME AND COMMUNITY=BASED
  1 25 SERVICES WAIVER PROVIDER.
  1 26    A city, city council, or city zoning commission shall
  1 27 consider the premises of a home and community=based services
  1 28 waiver provider as a residential use of property for the
  1 29 purposes of zoning and shall treat the use of the premises by
  1 30 the home and community=based services waiver provider as a
  1 31 permitted use in all residential zones or districts, including
  1 32 all single=family residential zones or districts, of the city.
  1 33 A city, city council, or city zoning commission shall not
  1 34 require that a home and community=based services waiver
  1 35 provider obtain a conditional use permit, special use permit,
  2  1 special exception or variance.  A city, city council, or city
  2  2 zoning commission shall not establish limitations regarding
  2  3 the proximity of one proposed home and community=based
  2  4 services waiver provider to another.  For the purposes of this
  2  5 section, "home and community=based services waiver provider"
  2  6 means an agency certified by the department of human services
  2  7 to provide home and community=based services under a medical
  2  8 assistance waiver approved by the federal government and
  2  9 implemented under the medical assistance program.
  2 10                           EXPLANATION
  2 11    This bill provides that for the purposes of city and county
  2 12 zoning, the premises of a home and community=based services
  2 13 waiver provider is to be considered a residential use of
  2 14 property.  The bill defines "home and community=based services
  2 15 waiver provider" as an agency certified by the department of
  2 16 human services to provide home and community=based services
  2 17 under a medical assistance waiver approved by the federal
  2 18 government and implemented under the medical assistance
  2 19 program.
  2 20 LSB 1557SS 82
  2 21 pf:sc/es/88.1