Senate File 458 - Introduced SENATE FILE 458 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1218) A BILL FOR An Act relating to the authority of cities to regulate and 1 restrict the occupancy of residential property. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1179SV (2) 86 aw/sc
S.F. 458 Section 1. NEW SECTION . 414.33 Owner-occupied and 1 residential rental property. 2 1. A council may, only in accordance with this chapter, 3 adopt and enforce an ordinance to regulate and restrict use 4 or occupancy of property based upon familial and nonfamilial 5 status. 6 2. An ordinance adopted and enforced under this section 7 shall require the following: 8 a. That the board of adjustment make a special exception to 9 the ordinance, pursuant to section 414.12, if the owner of an 10 owner-occupied property petitions for such a special exception 11 and if making the special exception would not be contrary to 12 the public interest. 13 b. That the board of adjustment grant a variance from the 14 terms of the ordinance, pursuant to section 414.12, if the 15 owner of an owner-occupied property makes an appeal for such a 16 variance and if granting the variance would not be contrary to 17 the public interest. 18 Sec. 2. EFFECTIVE DATE. This Act takes effect January 1, 19 2016. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill relates to the authority of cities to regulate and 24 restrict the occupancy of property. 25 The bill provides that a city council may adopt and enforce 26 an ordinance to regulate and restrict use or occupancy of 27 property based upon familial and nonfamilial status in 28 accordance with Code chapter 414. The bill further provides 29 that such an ordinance adopted shall require that the board 30 of adjustment make a special exception to the ordinance if 31 the owner of an owner-occupied property petitions for such a 32 special exception and if making the special exception would not 33 be contrary to the public interest. The bill also provides 34 that the ordinance must require that the board of adjustment 35 -1- LSB 1179SV (2) 86 aw/sc 1/ 2
S.F. 458 grant a variance from the terms of the ordinance if the owner 1 of an owner-occupied property makes an appeal for such a 2 variance and if granting the variance would not be contrary to 3 the public interest. 4 The bill takes effect January 1, 2016. 5 -2- LSB 1179SV (2) 86 aw/sc 2/ 2