Iowa § 335.34 Home and community-based services waiver recipient residence

Iowa Statutes

§ 335.34 — Home and community-based services waiver recipient residence

Iowa § 335.34

Title IXLOCAL GOVERNMENT

Ch. 335COUNTY ZONING

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Bluebook

Iowa Code § 335.34 (2026).

Text

1.A county, county board of supervisors, or county zoning commission shall consider the residence of the recipient of services under a home and community-based services waiver as aresidentialuseofpropertyforthepurposesofzoningandshalltreattheuseoftheresidence as a permitted use in all residential zones or districts, including all single-family residential zones or districts, of the county.

2.A county, county board of supervisors, or a county zoning commission shall not require that the recipient, or the owner of such a residence if other than the recipient, obtain a conditional use permit, special use permit, special exception, or variance. A county, county board of supervisors, or county zoning commission shall not establish limitations regarding the proximity of one such residence to a

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1. A county, county board of supervisors, or county zoning commission shall consider the
residence of the recipient of services under a home and community-based services waiver as
aresidentialuseofpropertyforthepurposesofzoningandshalltreattheuseoftheresidence
as a permitted use in all residential zones or districts, including all single-family residential
zones or districts, of the county.
2. A county, county board of supervisors, or a county zoning commission shall not
require that the recipient, or the owner of such a residence if other than the recipient, obtain
a conditional use permit, special use permit, special exception, or variance. A county, county
board of supervisors, or county zoning commission shall not establish limitations regarding
the proximity of one such residence to another.
3. A county, county board of supervisors, or a county zoning commission shall not classify
sucharesidenceasaresidentialgroupR-3occupancyorasacarefacilitywithinadwellingfor
the purposes of enforcement of compliance with the sprinkler systems provisions specified

in section 903.3.1.3 of the international building code or section P2904 of the international
residential code, if adopted, or if such residence is inspected by the county.
4. 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
toaresidentialcarefacility, andwhichprovidesdwellingunitstonomorethanfourrecipients
of services under a home and community-based services waiver at any one time.
5. For the purposes of this section, “home and community-based services waiver” means
“waiver” as defined in section 249A.29.