HSB 516 (LSB 5167YC (2) 90)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON LUNDGREN)

A BILL FOR

An Act relating to the zoning of maternity group homes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  414.27  Zoning for maternity group homes.
   1.  It is the intent of this section to assist in improving the quality of life of new and expecting mothers by making available to them community residential opportunities in the residential areas of this state. In order to implement this intent, this section shall be liberally construed.
   2.  a.  “Maternity group home” means a community-based residential home that provides room and board, personal care, supervision, training, support, and education in a family environment for women who are either pregnant or who have given birth within the preceding twenty-four months and live with their children, and includes overnight room accommodations and administrative and office space for those persons who provide such services.
   b.  “Permitted use” means the same as defined in section 414.22.
   c.  “Residential” means the same as defined in section 414.22.
   3.  Notwithstanding any provision of this chapter to the contrary, a city, city council, or city zoning commission shall consider a maternity group home a residential use of property for the purpose of zoning and shall treat a maternity group home as a permitted use in all residential zones or districts, including all single-family residential zones or districts, of the city. A city, city council, or city zoning commission shall not require that a maternity group home, its owner, or its operator obtain a conditional use permit, special use permit, special exception, or variance. However, new maternity group homes owned and operated by public or private agencies shall be dispersed throughout the residential zones and districts and shall not be located within contiguous city block areas.
   4.  Any restriction, reservation, condition, exception, or covenant in any subdivision plan, deed, or other instrument of or pertaining to the transfer, sale, lease, or use of property in a city that permits residential use of property but prohibits the use of property as a maternity group home for new and expecting mothers, to the extent of the prohibition, is void as against the public policy of this state and shall not be given legal or equitable effect.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires a city, city council, or city zoning commission to consider a maternity group home as a residential use of property for the purpose of zoning and to treat a maternity group home as a permitted use in all residential zones or districts. The bill defines “maternity group home”, “permitted use”, and “residential”. The bill provides that any restriction, reservation, condition, exception, or covenant in any subdivision plan, deed, or other instrument of or pertaining to the transfer, sale, lease, or use of property in a city that permits residential use of property but prohibits the use of property as a maternity group home for new and expecting mothers, to the extent of the prohibition, is void as against the public policy of this state and shall not be given legal or equitable effect.
   The bill does not include similar provisions for county zoning under Code chapter 335.