Bill Text: IA SF458 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to the authority of cities to regulate and restrict the occupancy of residential property. (Formerly SSB 1218.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2015-04-02 - Referred to State Government. S.J. 769. [SF458 Detail]

Download: Iowa-2015-SF458-Introduced.html

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Senate File 458 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON STATE
                                     GOVERNMENT

                                 (SUCCESSOR TO SSB
                                     1218)

                                      A BILL FOR

  1 An Act relating to the authority of cities to regulate and
  2    restrict the occupancy of residential property.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1179SV (2) 86
    aw/sc

PAG LIN



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