Bill Text: IA HF2388 | 2023-2024 | 90th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to the regulation of styles and materials used for residential building exteriors. (Formerly HSB 619.) Effective date: 07/01/2024.

Spectrum: Committee Bill

Status: (Passed) 2024-05-17 - Signed by Governor. H.J. 937. [HF2388 Detail]

Download: Iowa-2023-HF2388-Introduced.html
House File 2388 - Introduced HOUSE FILE 2388 BY COMMITTEE ON LOCAL GOVERNMENT (SUCCESSOR TO HSB 619) A BILL FOR An Act relating to the regulation of styles and materials used 1 for residential building exteriors. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5504HV (2) 90 lh/js
H.F. 2388 Section 1. Section 331.301, Code 2024, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 23. a. A county shall not adopt, enforce, 3 or otherwise administer an ordinance, motion, resolution, or 4 building code that prohibits or limits, either directly or 5 indirectly, the use of a specific style of exterior cladding 6 or finish materials for residential buildings in a manner that 7 is more restrictive than the state building code as adopted 8 pursuant to section 103A.7. This section does not prohibit a 9 county from regulating the use of a specific style of exterior 10 cladding or finish materials for a residential building that 11 meets any of the following conditions: 12 (1) The building is located in an area designated and 13 declared as a state or local historic district under applicable 14 law. 15 (2) The building is designated as a local, state, or 16 national historic landmark. 17 (3) The building is in a common interest community as 18 defined in chapter 499C. 19 (4) The building is located on a property that is governed 20 by a policy of regulation of an overlay or special purpose 21 zoning district that is adopted pursuant to applicable law. 22 b. For purposes of this subsection, “residential building” 23 means any single or multifamily residential dwelling and 24 includes single-family and two-family dwellings and townhouses, 25 condominiums and apartments with a maximum of twelve units per 26 building, and all secondary structures to such a single or 27 multifamily residential dwelling. 28 Sec. 2. Section 414.1, subsection 1, Code 2024, is amended 29 by adding the following new paragraph: 30 NEW PARAGRAPH . h. (1) A city shall not adopt, enforce, 31 or otherwise administer an ordinance, motion, resolution, or 32 building code that prohibits or limits, either directly or 33 indirectly, the use of a specific style of exterior cladding 34 or finish materials for residential buildings in a manner that 35 -1- LSB 5504HV (2) 90 lh/js 1/ 3
H.F. 2388 is more restrictive than the state building code as adopted 1 pursuant to section 103A.7. This subsection does not prohibit 2 a city from regulating the use of a specific style of exterior 3 cladding or finish materials for a residential building that 4 meets any of the following conditions: 5 (a) The building is located in an area designated and 6 declared as a state or local historic district under applicable 7 law. 8 (b) The building is designated as a local, state, or 9 national historic landmark. 10 (c) The building is in a common interest community as 11 defined in chapter 499C. 12 (d) The building is located on a property that is governed 13 by a policy of regulation of an overlay or special purpose 14 zoning district that is adopted pursuant to applicable law. 15 (2) For purposes of this paragraph, “residential building” 16 means any single or multifamily residential dwelling and 17 includes single-family and two-family dwellings and townhouses, 18 condominiums and apartments with a maximum of twelve units per 19 building, and all secondary structures to such a single or 20 multifamily residential dwelling. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill prohibits a county or city from adopting, 25 enforcing, or otherwise administering an ordinance, motion, 26 resolution, or building code that prohibits or limits the use 27 of a specific style of exterior cladding or finish materials 28 for residential buildings in a manner that is more restrictive 29 than the state building code. The bill does not prohibit a 30 county or city from regulating the use of a specific style 31 of exterior cladding or finish materials for a residential 32 building that is located in an area designated and declared 33 as a state or local historic district, designated as a local, 34 state, or national historic landmark, in a common interest 35 -2- LSB 5504HV (2) 90 lh/js 2/ 3
H.F. 2388 community, or located on a property governed by a policy or 1 regulation of an overlay or a special purpose zoning district. 2 -3- LSB 5504HV (2) 90 lh/js 3/ 3
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