Read the full stored bill text
House
File
947
-
Introduced
HOUSE
FILE
947
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
HSB
162)
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
1834HV
(2)
91
ll/js
H.F.
947
Section
1.
Section
331.301,
Code
2025,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
27.
a.
A
county
shall
allow
a
minimum
of
3
one
accessory
dwelling
unit
on
the
same
lot
as
a
single
family
4
residence
in
accordance
with
the
following
conditions:
5
(1)
An
accessory
dwelling
unit
shall
comply
with
all
6
applicable
building
regulations
as
defined
in
chapter
103A.
7
(2)
An
accessory
dwelling
unit
shall
not
exceed
one
thousand
8
square
feet
or
fifty
percent
of
the
size
of
the
single
family
9
residence,
whichever
is
larger.
10
(3)
An
accessory
dwelling
unit
shall
be
prohibited
or
11
limited
only
to
the
extent
that
a
state
historic
building
code
12
restriction,
as
adopted
by
a
county
in
accordance
with
section
13
103A.43,
subsection
3,
a
deed
restriction,
or
a
rule
of
a
14
common
interest
community,
as
defined
in
section
499C.1,
limits
15
or
prohibits
the
construction
or
use
of
an
accessory
dwelling
16
unit.
The
imposition
of
an
ordinance,
motion,
resolution,
or
17
amendment
regulating
accessory
dwelling
units
that
is
more
18
restrictive
when
applied
to
a
common
interest
community
than
19
when
applied
to
a
single
family
residence
is
prohibited.
20
(4)
If
a
manufactured
home
as
defined
in
section
435.1,
21
subsection
3,
or
a
mobile
home
as
defined
in
section
435.1,
22
subsection
5,
is
used
as
an
accessory
dwelling
unit,
the
23
manufactured
home
or
mobile
home
shall
be
converted
to
real
24
property
by
being
placed
on
a
permanent
foundation
and
assessed
25
for
real
estate
taxes
pursuant
to
section
435.26.
26
b.
Except
as
otherwise
provided
in
paragraph
“a”
or
by
state
27
law,
a
county
shall
not
impose
any
of
the
following
limitations
28
or
restrictions:
29
(1)
Requirements
related
to
the
placement
or
appearance
of
30
an
accessory
dwelling
unit
that
are
more
restrictive
than
those
31
imposed
on
a
single
family
residence
including
but
not
limited
32
to
the
following:
maximum
building
heights;
minimum
setback
33
requirements;
minimum
lot
sizes;
minimum
building
frontages;
34
maximum
lot
coverages;
density
requirements;
and
aesthetic
35
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1834HV
(2)
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1/
9
H.F.
947
or
architectural
standards
or
requirements.
Additionally,
a
1
county
shall
not
require
an
accessory
dwelling
unit
to
match
2
the
exterior
design,
roof
pitch,
or
finishing
materials
of
the
3
single
family
residence.
4
(2)
Regulations
on
the
use
of
an
accessory
dwelling
unit
as
5
a
rental
property
that
are
more
restrictive
than
those
provided
6
for
in
subsection
18
of
this
section
and
chapter
562A.
7
(3)
A
requirement
that
the
lot
containing
a
single
family
8
residence
and
an
accessory
dwelling
unit
have
additional
9
parking
beyond
that
required
for
a
single
family
residence
or
10
payment
of
a
fee
in
lieu
of
providing
additional
parking.
11
(4)
Restrictions
on
the
occupancy
of
either
the
single
12
family
residence
or
the
accessory
dwelling
unit
by
any
of
13
the
following
manners:
requiring
the
property
owner
to
be
14
a
resident;
requiring
a
familial,
marital,
or
employment
15
relationship
to
exist
between
the
occupants
of
the
single
16
family
residence
and
the
occupants
of
the
accessory
dwelling
17
unit;
or
restricting
the
occupancy
of
an
accessory
dwelling
18
unit
based
on
income
or
age.
19
(5)
The
requirement
of
new
or
separate
utility
lines
20
between
the
accessory
dwelling
unit
and
public
utility
service
21
connections.
However,
if
full
utility
access
that
includes
22
a
separate
metering
system
for
billing
purposes
cannot
be
23
provided
to
the
accessory
dwelling
unit,
then
the
county
can
24
require
new
or
separate
utility
lines.
25
(6)
Imposition
of
a
different
county
impact
fee
structure
or
26
development
standard
for
an
accessory
dwelling
unit
than
those
27
used
for
the
single
family
residence
on
the
same
lot.
28
(7)
The
requirement
of
improvements
or
repairs
to
public
29
streets
or
sidewalks
beyond
those
imposed
on
the
single
family
30
residence
on
the
same
lot.
31
c.
A
county
shall
approve
an
accessory
dwelling
unit
permit
32
application
that
meets
the
requirements
set
forth
in
paragraph
33
“a”
and
by
state
law
without
discretionary
review
or
hearing
34
and
consistent
with
the
time
frame
assigned
to
the
approval
of
35
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947
a
single
family
residence.
An
accessory
dwelling
unit
permit
1
application
shall
not
have
a
review
timeline
or
schedule
in
2
excess
of
a
county’s
normal
review
schedule
for
a
single
family
3
residence.
If
the
county
denies
an
accessory
dwelling
unit
4
permit,
the
reason
for
denial
shall
be
provided
in
writing
5
to
the
applicant
and
include
any
remedy
necessary
to
secure
6
approval.
7
d.
A
county
ordinance,
motion,
resolution,
or
amendment
8
regulating
accessory
dwelling
units
in
a
manner
that
conflicts
9
with
this
subsection
is
void.
Nothing
in
this
subsection
10
prohibits
a
county
from
adopting
an
ordinance,
motion,
11
resolution,
or
amendment
that
is
more
permissive
than
the
12
requirements
provided
in
this
subsection.
13
e.
For
the
purposes
of
this
subsection:
14
(1)
“Accessory
dwelling
unit”
means
an
additional
15
residential
dwelling
unit
located
on
the
same
lot
as
a
single
16
family
residence
that
is
either
attached
to
or
detached
from
17
the
single
family
residence.
18
(2)
“Detached”
includes
being
part
of
any
accessory
19
structure
such
as
a
detached
garage.
20
(3)
“Dwelling
unit”
means
the
same
as
defined
in
section
21
562A.6,
subsection
3.
22
(4)
“Single
family
residence”
means
the
same
as
defined
23
in
section
562A.6,
subsection
15,
except
to
the
extent
that
24
a
single
family
residence
may
share
utility
lines
with
the
25
accessory
dwelling
unit
if
full
utility
access
that
includes
a
26
separate
metering
system
for
billing
purposes
can
be
provided
27
to
the
accessory
dwelling
unit.
28
Sec.
2.
Section
364.3,
Code
2025,
is
amended
by
adding
the
29
following
new
subsection:
30
NEW
SUBSECTION
.
20.
a.
A
city
shall
allow
a
minimum
of
31
one
accessory
dwelling
unit
on
the
same
lot
as
a
single
family
32
residence
in
accordance
with
the
following
conditions:
33
(1)
An
accessory
dwelling
unit
shall
comply
with
all
34
applicable
building
regulations
as
defined
in
chapter
103A.
35
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947
(2)
An
accessory
dwelling
unit
shall
not
exceed
one
thousand
1
square
feet
or
fifty
percent
of
the
size
of
the
single
family
2
residence,
whichever
is
larger.
3
(3)
An
accessory
dwelling
unit
shall
be
prohibited
or
4
limited
only
to
the
extent
that
a
state
historic
building
code
5
restriction,
as
adopted
by
a
city
in
accordance
with
section
6
103A.43,
subsection
3,
a
deed
restriction,
or
a
rule
of
a
7
common
interest
community,
as
defined
in
section
499C.1,
limits
8
or
prohibits
the
construction
or
use
of
an
accessory
dwelling
9
unit.
The
imposition
of
an
ordinance,
motion,
resolution,
or
10
amendment
regulating
accessory
dwelling
units
that
is
more
11
restrictive
when
applied
to
a
common
interest
community
than
12
when
applied
to
a
single
family
residence
is
prohibited.
13
(4)
If
a
manufactured
home
as
defined
in
section
435.1,
14
subsection
3,
or
a
mobile
home
as
defined
in
section
435.1,
15
subsection
5,
is
used
as
an
accessory
dwelling
unit,
the
16
manufactured
home
or
mobile
home
shall
be
converted
to
real
17
property
by
being
placed
on
a
permanent
foundation
and
assessed
18
for
real
estate
taxes
pursuant
to
section
435.26.
19
b.
Except
as
otherwise
provided
in
paragraph
“a”
or
by
state
20
law,
a
city
shall
not
impose
any
of
the
following
limitations
21
or
restrictions:
22
(1)
Requirements
related
to
the
placement
or
appearance
of
23
an
accessory
dwelling
unit
that
are
more
restrictive
than
those
24
imposed
on
a
single
family
residence
including
but
not
limited
25
to
the
following:
maximum
building
heights;
minimum
setback
26
requirements;
minimum
lot
sizes;
minimum
building
frontages;
27
maximum
lot
coverages;
density
requirements;
and
aesthetic
28
or
architectural
standards
or
requirements.
Additionally,
a
29
city
shall
not
require
an
accessory
dwelling
unit
to
match
the
30
exterior
design,
roof
pitch,
or
finishing
materials
of
the
31
single
family
residence.
32
(2)
Regulations
on
the
use
of
an
accessory
dwelling
unit
as
33
a
rental
property
that
are
more
restrictive
than
those
provided
34
for
in
subsections
9
and
16
of
this
section,
section
414.1,
35
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947
subsection
1,
paragraph
“e”
,
and
chapter
562A.
1
(3)
A
requirement
that
the
lot
containing
a
single
family
2
residence
and
an
accessory
dwelling
unit
have
additional
3
parking
beyond
that
required
for
a
single-family
residence
or
4
payment
of
a
fee
in
lieu
of
providing
additional
parking.
5
(4)
Restrictions
on
the
occupancy
of
either
the
single
6
family
residence
or
the
accessory
dwelling
unit
by
any
of
7
the
following
manners:
requiring
the
property
owner
to
be
8
a
resident;
requiring
a
familial,
marital,
or
employment
9
relationship
to
exist
between
the
occupants
of
the
single
10
family
residence
and
the
occupants
of
the
accessory
dwelling
11
unit;
or
restricting
the
occupancy
of
an
accessory
dwelling
12
unit
based
on
income
or
age.
13
(5)
A
requirement
of
new
or
separate
utility
lines
between
14
the
accessory
dwelling
unit
and
public
utility
service
15
connections.
However,
if
full
utility
access
that
includes
16
a
separate
metering
system
for
billing
purposes
cannot
be
17
provided
to
the
accessory
dwelling
unit,
then
the
city
can
18
require
new
or
separate
utility
lines.
19
(6)
Imposition
of
a
different
city
impact
fee
structure
or
20
development
standard
for
an
accessory
dwelling
unit
than
those
21
used
for
the
single
family
residence
on
the
same
lot.
22
(7)
The
requirement
of
improvements
or
repairs
to
public
23
streets
or
sidewalks
beyond
those
imposed
on
the
single
family
24
residence
on
the
same
lot.
25
c.
A
city
shall
approve
an
accessory
dwelling
unit
permit
26
application
that
meets
the
requirements
set
forth
in
paragraph
27
“a”
and
by
state
law
without
discretionary
review
or
hearing
28
and
consistent
with
the
time
frame
assigned
to
the
approval
of
29
a
single
family
residence.
An
accessory
dwelling
unit
permit
30
application
shall
not
have
a
review
timeline
or
schedule
in
31
excess
of
a
city’s
normal
review
schedule
for
a
single
family
32
residence.
If
the
city
denies
an
accessory
dwelling
unit
33
permit,
the
reason
for
denial
shall
be
provided
in
writing
34
to
the
applicant
and
include
any
remedy
necessary
to
secure
35
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947
approval.
1
d.
A
city
ordinance,
motion,
resolution,
or
amendment
2
regulating
accessory
dwelling
units
in
a
manner
that
conflicts
3
with
this
subsection
is
void.
Nothing
in
this
subsection
4
prohibits
a
city
from
adopting
an
ordinance,
motion,
5
resolution,
or
amendment
that
is
more
permissive
than
the
6
requirements
provided
in
this
subsection.
7
e.
For
the
purposes
of
this
subsection:
8
(1)
“Accessory
dwelling
unit”
means
an
additional
9
residential
dwelling
unit
located
on
the
same
lot
as
a
single
10
family
residence
that
is
either
attached
to
or
detached
from
11
the
single
family
residence.
12
(2)
“Detached”
includes
being
part
of
an
accessory
structure
13
such
as
a
detached
garage.
14
(3)
“Dwelling
unit”
means
the
same
as
defined
in
section
15
562A.6,
subsection
3.
16
(4)
“Single
family
residence”
means
the
same
as
defined
17
in
section
562A.6,
subsection
15,
except
to
the
extent
that
18
a
single
family
residence
may
share
utility
lines
with
the
19
accessory
dwelling
unit
if
full
utility
access
that
includes
a
20
separate
metering
system
for
billing
purposes
can
be
provided
21
to
the
accessory
dwelling
unit.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
provides
that
a
county
or
city
shall
allow
a
26
minimum
of
one
accessory
dwelling
unit
(ADU)
on
the
same
lot
27
as
a
single
family
residence.
The
ADU
shall
comply
with
all
28
applicable
building
regulations
as
defined
in
Code
chapter
29
103A,
must
not
exceed
1,000
square
feet
or
50
percent
of
the
30
size
of
the
single
family
residence,
whichever
is
larger,
and
31
shall
be
prohibited
or
limited
only
to
the
extent
that
a
state
32
historic
building
code
restriction,
as
adopted
by
a
county
or
33
city
in
accordance
with
Code
section
103A.43,
subsection
3,
a
34
deed
restriction,
or
a
rule
of
a
common
interest
community,
35
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9
H.F.
947
as
defined
in
Code
section
499C.1,
limits
or
prohibits
the
1
construction
or
use
of
an
ADU.
The
imposition
of
an
ordinance,
2
motion,
resolution,
or
amendment
regulating
ADUs
that
is
more
3
restrictive
when
applied
to
a
common
interest
community
than
4
when
applied
to
a
single
family
residence
is
prohibited.
5
If
a
manufactured
home
as
defined
in
Code
section
435.1,
6
subsection
3,
or
a
mobile
home
as
defined
in
Code
section
7
435.1,
subsection
5,
is
used
as
an
ADU,
the
manufactured
home
8
or
mobile
home
shall
be
converted
to
real
property
by
being
9
placed
on
a
permanent
foundation
and
assessed
for
real
estate
10
taxes
pursuant
to
Code
section
435.26.
11
A
county
or
city
shall
not
impose
any
of
the
following
12
limitations
or
restrictions:
requirements
related
to
the
13
placement
or
appearance
of
an
ADU
that
are
more
restrictive
14
than
those
imposed
on
a
single
family
residence
including
15
maximum
building
heights,
minimum
setback
requirements,
minimum
16
lot
sizes,
minimum
building
frontages,
maximum
lot
coverages,
17
density
requirements,
and
aesthetic
or
architectural
standards
18
or
requirements;
regulations
on
the
use
of
an
ADU
as
a
rental
19
property
that
are
more
restrictive
than
those
provided
for
20
in
Code
section
331.301,
subsection
18,
for
counties,
Code
21
section
364.3,
subsections
9
and
16,
and
Code
section
414.1,
22
subsection
1,
paragraph
“e”,
for
cities;
and
Code
chapter
23
562A;
a
requirement
that
the
lot
containing
a
single
family
24
residence
and
an
ADU
have
additional
parking
beyond
that
25
required
for
a
single
family
residence
or
payment
of
a
fee
26
in
lieu
of
providing
additional
parking;
the
requirement
of
27
new
or
separate
utility
lines
between
the
ADU
and
public
or
28
private
utility
service
connections;
imposition
of
a
different
29
county
or
city
impact
fee
structure
for
an
ADU
than
the
one
30
used
for
the
single
family
residence
on
the
same
lot;
and
the
31
requirement
of
improvements
or
repairs
to
public
streets
or
32
sidewalks
beyond
those
imposed
on
the
single
family
residence
33
on
the
same
lot.
34
A
county
or
city
cannot
impose
restrictions
on
the
occupants
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of
either
the
single
family
residence
or
the
ADU
by
any
1
the
following
manners:
requiring
the
property
owner
to
be
2
a
resident;
requiring
a
familial,
marital,
or
employment
3
relationship
to
exist
between
the
occupants
of
the
single
4
family
residence
and
the
occupants
of
the
ADU;
and
restricting
5
the
occupancy
of
an
ADU
based
on
income
or
age.
A
county
or
6
city
shall
not
require
an
ADU
to
match
the
exterior
design,
7
roof
pitch,
or
finishing
materials
of
the
single
family
8
residence.
If
full
utility
access
that
includes
a
separate
9
metering
system
for
billing
purposes
cannot
be
provided
to
the
10
ADU
then
the
county
or
city
can
require
new
or
separate
utility
11
lines
between
the
ADU
and
public
utility
service
connections.
12
A
county
or
city
must
approve
an
ADU
permit
application
13
that
meets
the
necessary
requirements
without
discretionary
14
review
or
hearing
and
consistent
with
the
time
frame
assigned
15
to
the
approval
of
a
single
family
residence.
An
ADU
permit
16
application
shall
not
have
a
review
timeline
or
schedule
in
17
excess
of
the
county
or
city’s
normal
review
schedule
for
a
18
single
family
residence.
If
the
county
or
city
denies
an
ADU
19
permit,
the
reason
for
denial
must
be
provided
in
writing
20
to
the
applicant
and
include
any
remedy
necessary
to
secure
21
approval.
A
county
or
city
ordinance,
motion,
resolution,
22
or
amendment
regulating
ADUs
in
a
manner
that
conflicts
with
23
the
bill
is
void.
A
county
or
city
can
adopt
an
ordinance,
24
motion,
resolution,
or
amendment
that
is
more
permissive
than
25
the
requirements
provided
in
the
bill.
26
For
the
purposes
of
the
bill,
“accessory
dwelling
unit”
27
means
an
additional
residential
dwelling
unit
located
on
the
28
same
lot
as
a
single
family
residence
that
is
either
attached
29
to
or
detached
from
the
single
family
residence;
“detached”
30
includes
being
part
of
any
accessory
structure
such
as
a
31
detached
garage;
“dwelling
unit”
means
a
structure
or
the
32
part
of
a
structure
that
is
used
as
a
home,
residence,
or
33
sleeping
place;
and
“single
family
residence”
means
a
structure
34
maintained
and
used
as
a
single
dwelling
unit,
even
if
the
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structure
shares
utility
lines
with
the
ADU
if
full
utility
1
access
that
includes
a
separate
metering
system
for
billing
2
purposes
is
provided
to
the
ADU.
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