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