SF 458 (LSB 1179SV (2) 86)

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 restrict the occupancy of residential property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  414.33  Owner-occupied and residential rental property.
   1.  A council may, only in accordance with this chapter, adopt and enforce an ordinance to regulate and restrict use or occupancy of property based upon familial and nonfamilial status.
   2.  An ordinance adopted and enforced under this section shall require the following:
   a.  That the board of adjustment make a special exception to the ordinance, pursuant to section 414.12, if the owner of an owner-occupied property petitions for such a special exception and if making the special exception would not be contrary to the public interest.
   b.  That the board of adjustment grant a variance from the terms of the ordinance, pursuant to section 414.12, if the owner of an owner-occupied property makes an appeal for such a variance and if granting the variance would not be contrary to the public interest.
    Sec. 2.  EFFECTIVE DATE.  This Act takes effect January 1, 2016.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the authority of cities to regulate and restrict the occupancy of property.
   The bill provides that a city council may adopt and enforce an ordinance to regulate and restrict use or occupancy of property based upon familial and nonfamilial status in accordance with Code chapter 414. The bill further provides that such an ordinance adopted shall require that the board of adjustment make a special exception to the ordinance if the owner of an owner-occupied property petitions for such a special exception and if making the special exception would not be contrary to the public interest. The bill also provides that the ordinance must require that the board of adjustment grant a variance from the terms of the ordinance if the owner of an owner-occupied property makes an appeal for such a variance and if granting the variance would not be contrary to the public interest.
   The bill takes effect January 1, 2016.