414.32 - HOME AND COMMUNITY-BASED SERVICES WAIVER RECIPIENT RESIDENCE.

        414.32  HOME AND COMMUNITY-BASED SERVICES WAIVER      RECIPIENT RESIDENCE.         1.  A city, city council, or city zoning commission shall consider      the residence of the recipient of services under a home and      community-based services waiver as a residential use of property for      the purposes of zoning and shall treat the use of the residence as a      permitted use in all residential zones or districts, including all      single-family residential zones or districts, of the city.         2.  A city, city council, or city zoning commission shall not      require that the recipient, or owner of such residence if other than      the recipient, obtain a conditional use permit, special use permit,      special exception, or variance.  A city, city council, or city zoning      commission shall not establish limitations regarding the proximity of      one such residence to another.         3.  This section applies to the residence of a recipient of      services under a home and community-based services waiver if the      residence meets any of the following conditions:         a.  The residence is a single-family dwelling owned or rented      by the recipient.         b.  The residence is a multifamily dwelling which does not      hold itself out to the public as a community-based residential      provider otherwise regulated by law, including but not limited to a      residential care facility, and which provides dwelling units to no      more than four recipients of services under a home and      community-based services waiver at any one time.         4.  For the purposes of this section, "home and community-based      services waiver" means "waiver" as defined in section 249A.29.      
         Section History: Recent Form
         2007 Acts, ch 218, §131, 132         Similar provision, see §335.34