Senate File 2304 - Introduced SENATE FILE 2304 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 3068) A BILL FOR An Act relating to the authority of cities to regulate and 1 restrict the occupancy of residential rental property and 2 including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5567SV (2) 85 aw/sc
S.F. 2304 Section 1. NEW SECTION . 414.33 Residential rental property. 1 1. A council may, in accordance with this chapter, adopt an 2 ordinance to regulate and restrict use or occupancy of property 3 based upon familial and nonfamilial status. 4 2. An ordinance adopted under this section shall require the 5 following: 6 a. That the board of adjustment make a special exception to 7 the ordinance, pursuant to section 414.12, if the owner of an 8 owner-occupied property petitions for such a special exception 9 and if making the special exception would not be contrary to 10 the public interest. 11 b. That the board of adjustment grant a variance from the 12 terms of the ordinance, pursuant to section 414.12, if the 13 owner of an owner-occupied property makes an appeal for such a 14 variance and if granting the variance would not be contrary to 15 the public interest. 16 Sec. 2. EFFECTIVE DATE. This Act takes effect January 1, 17 2015. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to the authority of cities to regulate and 22 restrict the occupancy of residential rental property. 23 The bill provides that a city council may adopt an ordinance 24 to regulate and restrict use or occupancy of property based 25 upon familial and nonfamilial status. The bill further 26 provides that such an ordinance adopted shall require that the 27 board of adjustment make a special exception to the ordinance 28 if the owner of an owner-occupied property petitions for such 29 a special exception and if making the special exception would 30 not be contrary to the public interest. The bill also provides 31 that the ordinance must require that the board of adjustment 32 grant a variance from the terms of the ordinance if the owner 33 of an owner-occupied property makes an appeal for such a 34 variance and if granting the variance would not be contrary to 35 -1- LSB 5567SV (2) 85 aw/sc 1/ 2
S.F. 2304 the public interest. 1 The bill takes effect January 1, 2015. 2 -2- LSB 5567SV (2) 85 aw/sc 2/ 2