SF 2369 — A bill for an act relating to county and city regulation of accessory dwelling units.

SSenate TFile A2369 T- EEnrolled OSenate FFile I2369 OAN WACT ARELATING KTO ICOUNTY MAND RCITY EREGULATION YOF NACCESSORY ODWELLING LUNITS. D S G O V E R N O R April09,2026 The Honorable Paul Pate SecretaryofStateofIowa StateCapitol Des Moines,Iowa50319 DearMr.Secretary, Iherebytransmit:

SenateFile2369,anActrelatingtocountyandBE cityregulationofaccessorydwellingIT units.ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

TheaboveSenateFileisherebyapprovedonthisdate.

Sinc^ely, am\^ynolds Govemor ofIowa cc:

SecretaryoftheSenate Clerk of the House STATE CAPITOL DES MOINES,IOWA 50319 515.281.5211 WWW.GOVERNOR.IOWA.GOV MAINTAI imnnmnmnnmniraiummminra^ ;

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B EI TE N A C TB YT H EG E N E A S S E M O FT H S T A TO FI O W A ;

Section 331.301, subsection 29, paragraph a.a, Code 2026, is amended to read as follows:

Codea. 2026, is amended to read a s follows:

a, A county shall allow a minimum of one accessory dwelling unit on the same lot as a single family residence within a zoning district where a single family residence is an allowed principal use, in accordance with the following conditions:

(3) An accessory dwelling unit shall be prohibited or limited only to the extent that a state historic building code restriction, aaas adopted by a county in accordance with occtionsection 103A.43^103A.43, auboGCtionsubsection 3#3, a deed restrictionT-restriction, or a rule of a common interest community, as defined in section 499C.1, limits or prohibits the construction or use of an accessory dwelling unit.

2 An accessory dwelling unit proposed for a lot within a historic preservation district as defined in section 15.445, subsection 3, shall be regulated only to the extent that the historic preservation commission as defined in section 15,445,15.445, subsection 2, determines that the proposed accessory dwelling unit would be incongruous with the historical, architectural, archaeological, or cultural aspects of the district, and enters into its records the reasons for such determination.

((4) 4If )If a manufactured home as defined in section 435.1, subsection 3, or a mobile home as defined in section 435.1, subsection 5, is used as an accessory dwelling unit, the manufactured home or mobile home shall be converted to real property by being placed on a permanent foundation and assessed for real estate taxes pursuant to section 435.26.

Section 331.301, subsection 29, paragraph e.e, Code 2026, is amended by adding the following new subparagraph:

CodeNEW 2026,SUBPARAGRAPH is. amended by adding the following new subparagraph:

NEW SUBPARAGRAPH, (5) “Size” means the gross living area of the primary dwelling unit excluding garages, decks, and unheated porches.

Section 364.3, subsection 23, paragraph a.a, Code 2026, is amended to read as follows:

Codea. 2026, is amended to read as follows:

a, A city shall allow a minimum of one accessory dwelling unit on the same lot as a single family residence within a zoning district where a single family residence is an allowed principal use, in accordance with the following conditions:

(3) An accessory dwelling unit shall be prohibited or limited only to the extent that a state hiotorichistoric building code rootriction,restriction, as adopted by a city in accordancGaccordance with section 103A.43»103A.43, subsection 3, a deed restrictionT-restriction, or a rule of a common interest community, as defined in section 499C.1, limits or prohibits the construction or use of an accessory dwelling unit.

An accessory dwelling unit proposed for a lot within an area designated as an area of historical significance shall be regulated to the extent that the city or commission, pursuant to section 15.459, subsection 3, determines that the proposed accessory dwelling unit would be incongruous with the historical, architectural, archaeological, or cultural aspects of the area, and enters into its records the reasons for such ddetermination. e t e r m i n a t i o n .

(4) If a manufactured home as defined in section 435.1, subsection 3, or a mobile home as defined in section 435.1, subsection 5, is used as an accessory dwelling unit, the manufactured hhome oor mmobile e m o b i home sshall h a be converted tto orealreal property by being placed on a permanent foundation and assessed for real estate taxes pursuant to section 435.26.

Section 364.3, subsection 23, paragraph e.e, Code 2026, is amended by adding the following new subparagraph:

CodeNEW 2026,SUBPARAGRAPH is. amended by adding the following new subparagraph:

NEW(5) SUBPARAGRAPH.“Size” means the gross living area of the primary dwelling unit excluding garages, decks, and unheated porches.

(5)______________________________ ^Size"______________________________ meansAMY theSINCLAIR grossPAT livingGRASSLEY areaPresident of the primarySenate dwellingSpeaker unitof excludingthe garages,House decks,I hereby certify that this bill originated in the Senate and unheatedis porches.known as Senate File 2369, Ninety-first General Assembly.

AMY______________________________ SINCLi^W. PAT GRASSLEYy President of the Senate Speaker ofyithe House I hereby certify that this bill originated in the Senate and is known as Senate File 2369, Ninety-first General Assembly.

WCHARLES .CSMITHSON HSecretary Aof Rthe LSSenate M I T H S O N S e c r e h eS e n a t e Approved _______________, 2026 G______________________________ oKIM vREYNOLDS eGovernor r n o r