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
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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
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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
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1179SV
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