SF 23 (LSB 1383XS (2) 85)

SENATE FILE 23

BY  BOLKCOM

A BILL FOR

An Act removing the exemption for farm houses from county building codes and county zoning regulations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.304, subsection 3, paragraph b, Code 2013, is amended to read as follows:
   b.  A county building code shall not apply to farm houses or other farm buildings which, except dwellings, that are primarily adapted for use for agricultural purposes, while so used or under construction for that use.
    Sec. 2.  Section 335.2, Code 2013, is amended to read as follows:
   335.2  Farms exempt.
   Except to the extent required to implement section 335.27, no
 
an ordinance adopted under this chapter applies
 
shall not apply to land, farm houses, farm barns, farm outbuildings or other buildings or structures which, except dwellings, that are primarily adapted, by reason of nature and area, for use for agricultural purposes, while so used. However, the ordinances may apply to any structure, building, dam, obstruction, deposit, or excavation in or on the flood plains of any river or stream.
EXPLANATION
   Current law provides for farm house exemptions from county building codes and county zoning regulations. The bill removes these exemptions for farm houses while maintaining similar exemptions for other agricultural structures. 
   Pursuant to Code section 414.23, the changes in the bill to the county zoning exemption for farm houses apply to a city extending city zoning regulations to the unincorporated area of a county up to two miles beyond the limits of such city, as authorized by statute.