Bill Text: IA HSB516 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the zoning of maternity group homes.(See HF 2276.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-02-01 - Committee report approving bill, renumbered as HF 2276. [HSB516 Detail]
Download: Iowa-2023-HSB516-Introduced.html
House
Study
Bill
516
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
LUNDGREN)
A
BILL
FOR
An
Act
relating
to
the
zoning
of
maternity
group
homes.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
NEW
SECTION
.
414.27
Zoning
for
maternity
group
1
homes.
2
1.
It
is
the
intent
of
this
section
to
assist
in
improving
3
the
quality
of
life
of
new
and
expecting
mothers
by
making
4
available
to
them
community
residential
opportunities
in
the
5
residential
areas
of
this
state.
In
order
to
implement
this
6
intent,
this
section
shall
be
liberally
construed.
7
2.
a.
“Maternity
group
home”
means
a
community-based
8
residential
home
that
provides
room
and
board,
personal
care,
9
supervision,
training,
support,
and
education
in
a
family
10
environment
for
women
who
are
either
pregnant
or
who
have
given
11
birth
within
the
preceding
twenty-four
months
and
live
with
12
their
children,
and
includes
overnight
room
accommodations
and
13
administrative
and
office
space
for
those
persons
who
provide
14
such
services.
15
b.
“Permitted
use”
means
the
same
as
defined
in
section
16
414.22.
17
c.
“Residential”
means
the
same
as
defined
in
section
18
414.22.
19
3.
Notwithstanding
any
provision
of
this
chapter
to
the
20
contrary,
a
city,
city
council,
or
city
zoning
commission
shall
21
consider
a
maternity
group
home
a
residential
use
of
property
22
for
the
purpose
of
zoning
and
shall
treat
a
maternity
group
23
home
as
a
permitted
use
in
all
residential
zones
or
districts,
24
including
all
single-family
residential
zones
or
districts,
25
of
the
city.
A
city,
city
council,
or
city
zoning
commission
26
shall
not
require
that
a
maternity
group
home,
its
owner,
or
27
its
operator
obtain
a
conditional
use
permit,
special
use
28
permit,
special
exception,
or
variance.
However,
new
maternity
29
group
homes
owned
and
operated
by
public
or
private
agencies
30
shall
be
dispersed
throughout
the
residential
zones
and
31
districts
and
shall
not
be
located
within
contiguous
city
block
32
areas.
33
4.
Any
restriction,
reservation,
condition,
exception,
or
34
covenant
in
any
subdivision
plan,
deed,
or
other
instrument
35
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of
or
pertaining
to
the
transfer,
sale,
lease,
or
use
of
1
property
in
a
city
that
permits
residential
use
of
property
but
2
prohibits
the
use
of
property
as
a
maternity
group
home
for
new
3
and
expecting
mothers,
to
the
extent
of
the
prohibition,
is
4
void
as
against
the
public
policy
of
this
state
and
shall
not
5
be
given
legal
or
equitable
effect.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
requires
a
city,
city
council,
or
city
zoning
10
commission
to
consider
a
maternity
group
home
as
a
residential
11
use
of
property
for
the
purpose
of
zoning
and
to
treat
a
12
maternity
group
home
as
a
permitted
use
in
all
residential
13
zones
or
districts.
The
bill
defines
“maternity
group
home”,
14
“permitted
use”,
and
“residential”.
The
bill
provides
that
any
15
restriction,
reservation,
condition,
exception,
or
covenant
16
in
any
subdivision
plan,
deed,
or
other
instrument
of
or
17
pertaining
to
the
transfer,
sale,
lease,
or
use
of
property
in
18
a
city
that
permits
residential
use
of
property
but
prohibits
19
the
use
of
property
as
a
maternity
group
home
for
new
and
20
expecting
mothers,
to
the
extent
of
the
prohibition,
is
void
as
21
against
the
public
policy
of
this
state
and
shall
not
be
given
22
legal
or
equitable
effect.
23
The
bill
does
not
include
similar
provisions
for
county
24
zoning
under
Code
chapter
335.
25
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