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House
File
2252
-
Introduced
HOUSE
FILE
2252
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
HSB
618)
A
BILL
FOR
An
Act
relating
to
county
and
city
regulation
of
accessory
1
dwelling
units.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5633HV
(1)
91
ms/js
H.F.
2252
Section
1.
Section
331.301,
subsection
29,
paragraph
a,
1
Code
2026,
is
amended
to
read
as
follows:
2
a.
A
county
shall
allow
a
minimum
of
one
accessory
dwelling
3
unit
on
the
same
lot
as
a
single
family
residence
within
a
4
zoning
district
where
a
single
family
residence
is
an
allowed
5
principal
use,
in
accordance
with
the
following
conditions:
6
(1)
An
accessory
dwelling
unit
shall
comply
with
all
7
applicable
building
regulations
as
defined
in
chapter
103A
.
8
(2)
An
accessory
dwelling
unit
shall
not
exceed
one
thousand
9
square
feet
or
fifty
percent
of
the
size
of
the
single
family
10
residence,
whichever
is
larger.
The
size
calculation
of
an
11
accessory
dwelling
unit
shall
exclude
unfinished
basements.
12
(3)
An
accessory
dwelling
unit
shall
be
prohibited
or
13
limited
only
to
the
extent
that
a
state
historic
building
code
14
restriction,
as
adopted
by
a
county
in
accordance
with
section
15
103A.43,
subsection
3
,
a
deed
restriction
,
or
a
rule
of
a
16
common
interest
community,
as
defined
in
section
499C.1
,
limits
17
or
prohibits
the
construction
or
use
of
an
accessory
dwelling
18
unit.
The
imposition
of
an
ordinance,
motion,
resolution,
or
19
amendment
regulating
accessory
dwelling
units
that
is
more
20
restrictive
when
applied
to
a
common
interest
community
than
21
when
applied
to
a
single
family
residence
is
prohibited.
22
An
accessory
dwelling
unit
proposed
for
a
lot
within
a
23
historic
preservation
district
as
defined
in
section
15.445,
24
subsection
3,
shall
be
regulated
only
to
the
extent
that
the
25
historic
preservation
commission
as
defined
in
section
15.445,
26
subsection
2,
determines
that
the
proposed
accessory
dwelling
27
unit
would
be
incongruous
with
the
historical,
architectural,
28
archaeological,
or
cultural
aspects
of
the
district,
and
enters
29
into
its
records
the
reasons
for
such
determination.
30
(4)
If
a
manufactured
home
as
defined
in
section
435.1,
31
subsection
3
,
or
a
mobile
home
as
defined
in
section
435.1,
32
subsection
5
,
is
used
as
an
accessory
dwelling
unit,
the
33
manufactured
home
or
mobile
home
shall
be
converted
to
real
34
property
by
being
placed
on
a
permanent
foundation
and
assessed
35
-1-
LSB
5633HV
(1)
91
ms/js
1/
4
H.F.
2252
for
real
estate
taxes
pursuant
to
section
435.26
.
1
Sec.
2.
Section
331.301,
subsection
29,
paragraph
e,
Code
2
2026,
is
amended
by
adding
the
following
new
subparagraph:
3
NEW
SUBPARAGRAPH
.
(5)
“Size”
means
the
gross
living
area
4
of
the
primary
dwelling
unit
excluding
garages,
decks,
and
5
unheated
porches.
6
Sec.
3.
Section
364.3,
subsection
23,
paragraph
a,
Code
7
2026,
is
amended
to
read
as
follows:
8
a.
A
city
shall
allow
a
minimum
of
one
accessory
dwelling
9
unit
on
the
same
lot
as
a
single
family
residence
within
a
10
zoning
district
where
a
single
family
residence
is
an
allowed
11
principal
use,
in
accordance
with
the
following
conditions:
12
(1)
An
accessory
dwelling
unit
shall
comply
with
all
13
applicable
building
regulations
as
defined
in
chapter
103A
.
14
(2)
An
accessory
dwelling
unit
shall
not
exceed
one
thousand
15
square
feet
or
fifty
percent
of
the
size
of
the
single
family
16
residence,
whichever
is
larger.
The
size
calculation
of
an
17
accessory
dwelling
unit
shall
exclude
unfinished
basements.
18
(3)
An
accessory
dwelling
unit
shall
be
prohibited
or
19
limited
only
to
the
extent
that
a
state
historic
building
20
code
restriction,
as
adopted
by
a
city
in
accordance
with
21
section
103A.43,
subsection
3
,
a
deed
restriction
,
or
a
rule
22
of
a
common
interest
community,
as
defined
in
section
499C.1
,
23
limits
or
prohibits
the
construction
or
use
of
an
accessory
24
dwelling
unit.
The
imposition
of
an
ordinance,
motion,
25
resolution,
or
amendment
regulating
accessory
dwelling
units
26
that
is
more
restrictive
when
applied
to
a
common
interest
27
community
than
when
applied
to
a
single
family
residence
is
28
prohibited.
An
accessory
dwelling
unit
proposed
for
a
lot
29
within
an
area
designated
as
an
area
of
historical
significance
30
shall
be
regulated
to
the
extent
that
the
city
or
commission,
31
pursuant
to
section
15.459,
subsection
3,
determines
that
the
32
proposed
accessory
dwelling
unit
would
be
incongruous
with
the
33
historical,
architectural,
archaeological,
or
cultural
aspects
34
of
the
area,
and
enters
into
its
records
the
reasons
for
such
35
-2-
LSB
5633HV
(1)
91
ms/js
2/
4
H.F.
2252
determination.
1
(4)
If
a
manufactured
home
as
defined
in
section
435.1,
2
subsection
3
,
or
a
mobile
home
as
defined
in
section
435.1,
3
subsection
5
,
is
used
as
an
accessory
dwelling
unit,
the
4
manufactured
home
or
mobile
home
shall
be
converted
to
real
5
property
by
being
placed
on
a
permanent
foundation
and
assessed
6
for
real
estate
taxes
pursuant
to
section
435.26
.
7
Sec.
4.
Section
364.3,
subsection
23,
paragraph
e,
Code
8
2026,
is
amended
by
adding
the
following
new
subparagraph:
9
NEW
SUBPARAGRAPH
.
(5)
“Size”
means
the
gross
living
area
10
of
the
primary
dwelling
unit
excluding
garages,
decks,
and
11
unheated
porches.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
Under
current
law,
a
county
or
city
shall
allow
a
minimum
of
16
one
accessory
dwelling
unit
(ADU)
on
the
same
lot
as
a
single
17
family
residence
in
accordance
with
certain
conditions.
18
This
bill
specifies
that
a
county
or
city
shall
allow
a
19
minimum
of
one
ADU
on
the
same
lot
as
a
single
family
residence
20
within
a
zoning
district
where
a
single
family
residence
is
an
21
allowed
principal
use.
22
Under
current
law,
an
ADU
shall
not
exceed
1,000
square
23
feet
or
50
percent
of
the
size
of
the
single
family
residence,
24
whichever
is
larger.
The
bill
specifies
that
the
size
25
calculation
of
an
ADU
shall
exclude
unfinished
basements.
26
Under
current
law,
an
ADU
shall
be
prohibited
or
limited
only
27
to
the
extent
that
a
state
historic
building
code
restriction,
28
as
adopted
by
a
county
or
city
in
accordance
with
Code
section
29
103A.43,
would
prohibit
or
limit
the
ADU.
The
bill
strikes
30
this
condition.
The
bill
requires
that
an
ADU
proposed
for
31
a
lot
within
a
historic
preservation
district
as
defined
in
32
Code
section
15.445,
or
an
area
designated
as
an
area
of
33
historical
significance
pursuant
to
Code
section
15.459,
shall
34
be
regulated
only
to
the
extent
that
the
historic
preservation
35
-3-
LSB
5633HV
(1)
91
ms/js
3/
4
H.F.
2252
commission
or
city
determines
that
the
proposed
ADU
would
be
1
incongruous
with
the
historical,
architectural,
archaeological,
2
or
cultural
aspects
of
the
district,
and
enters
into
its
3
records
the
reasons
for
such
determination.
4
The
bill
defines
“size”
to
mean
the
gross
living
area
of
the
5
primary
dwelling
unit
excluding
garages,
decks,
and
unheated
6
porches.
7
-4-
LSB
5633HV
(1)
91
ms/js
4/
4