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