SSB 3152 (LSB 6848XC (2) 91)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON WEBSTER)

A BILL FOR

An Act relating to county zoning ordinances governing residential buildings.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 335.3, subsection 1, Code 2026, is amended to read as follows:
   1.  a.  Subject to section 335.2 and paragraph “b”, the board of supervisors may by ordinance regulate and restrict the height, number of structures, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes, and may regulate, restrict, and prohibit the use for residential purposes of tents, trailers, and portable or potentially portable structures. However, such powers shall be exercised only with reference to land and structures located within the county but lying outside of the corporate limits of any city.
   b.  (1)  The board of supervisors shall not restrict the construction or development of residential buildings. The board of supervisors may by ordinance regulate residential buildings to the extent necessary for the safety of life or property, but shall not otherwise impose any regulations related to residential buildings that has the effect of restricting the construction or development of residential buildings.
   (2)  For purposes of this paragraph, “residential building” means the same as defined in section 414.1, subsection 1, paragraph “h”, subparagraph (2).
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to county zoning ordinances that govern residential buildings.
   Under current law, a county board of supervisors may by ordinance regulate and restrict the height, number of structures, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes, and may regulate, restrict, and prohibit the use for residential purposes of tents, trailers, and portable or potentially portable structures. This authority is limited to land and structures in the unincorporated area of the county.
   The bill provides that a county board of supervisors cannot restrict the construction or development of residential buildings, and that any regulation of residential buildings must be necessary for the safety of life or property. “Residential property”, for purposes of the bill, means any single or multifamily residential dwelling and includes single-family and two-family dwellings and townhouses, condominiums and apartments with a maximum of 12 units per building, and all secondary structures to such a single or multifamily residential dwelling.