HF 2388 (LSB 5504HV (4) 90)

RELATING TO THE REGULATION OF STYLES AND MATERIALS USED  FOR RESIDENTIAL BUILDING EXTERIORS. 

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.301, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  23.  a.  A county shall not adopt, enforce, or otherwise administer an ordinance, motion, resolution, or building code that prohibits or limits, either directly or indirectly, the use of a specific style of exterior cladding or finish materials for residential buildings in a manner that is more restrictive than the state building code as adopted pursuant to section 103A.7. This section does not prohibit a county from regulating the use of a specific style of exterior cladding or finish materials for a residential building that meets any of the following conditions:

   (1)  The building is located in an area designated and declared as a state or local historic district under applicable law.
   (2)  The building is designated as a local, state, or national historic landmark.
   (3)  The building is in a common interest community as defined in chapter 499C.
   (4)  The building is located on a property that is governed by a policy of regulation of an overlay or special purpose zoning district that is adopted pursuant to applicable law.
   b.  For purposes of this subsection, “residential building” means any single or multifamily residential dwelling and includes single-family and two-family dwellings and townhouses, condominiums and apartments with a maximum of twelve units per building, and all secondary structures to such a single or multifamily residential dwelling.
    Sec. 2.  Section 414.1, subsection 1, Code 2024, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  h.  (1)  A city shall not adopt, enforce, or otherwise administer an ordinance, motion, resolution, or building code that prohibits or limits, either directly or indirectly, the use of a specific style of exterior cladding or finish materials for residential buildings in a manner that is more restrictive than the state building code as adopted pursuant to section 103A.7. This subsection does not prohibit a city from regulating the use of a specific style of exterior cladding or finish materials for a residential building that meets any of the following conditions:
   (a)  The building is located in an area designated and declared as a state or local historic district under applicable law.
   (b)  The building is designated as a local, state, or national historic landmark.
   (c)  The building is in a common interest community as defined in chapter 499C.
   (d)  The building is located on a property that is governed by a policy of regulation of an overlay or special purpose zoning district that is adopted pursuant to applicable law.

   (2)  For purposes of this paragraph, “residential building” means any single or multifamily residential dwelling and includes single-family and two-family dwellings and townhouses, condominiums and apartments with a maximum of twelve units per building, and all secondary structures to such a single or multifamily residential dwelling.

______________________________
PAT GRASSLEY
Speaker of the House

______________________________
AMY SINCLAIR
President of the Senate

   I hereby certify that this bill originated in the House and is known as House File 2388, Ninetieth General Assembly.

______________________________
MEGHAN NELSON
Chief Clerk of the House

Approved _______________, 2024

______________________________
KIM REYNOLDS
Governor