By attorneys Maria Brownell, Logan Brundage and Kristine Stone
I. ZONING
A. Additional Variance Standard – HF 652
House File 652 establishes a new variance standard in sections 335.15 and 414.12 of the Iowa Code. The new standard is applicable to “area, dimensional, or other numerical limitations” in a zoning ordinance, such as “minimum lot size, setbacks, yard widths, height, bulk, sidewalks, fencing, signage, and off-street parking” regulations. Variance requests related to these types of matters can be approved where:
1. The variance is not contrary to the public interest, and
2. Owing to special conditions a literal enforcement of the provisions of the ordinance will result in practical difficulties to the property owner in making a beneficial use of the property, and
3. The spirit of the ordinance shall be observed and substantial justice done.
The statute clarifies that a property owner who applies for this type of variance must prove the following:
1. The practical difficulties faced are unique to the property at issue and not self-created, and
2. Granting the variance will not significantly alter the essential character of the surrounding neighborhood.
HF 652 does not eliminate the heightened unnecessary hardship standard for all other types of variances. It creates a new practical difficulties standard for specific types of variance requests. This law was signed by the Governor on April 25 and is effective on July 1, 2025. Zoning ordinances that include regulations related to variance requests, and the standards associated with those requests, will need to be revised to comply with this new law.
B. ADU Regulations – SF 592
On May 1, 2025, Governor Reynolds signed Senate File 592 adopting new standards for city and county regulation of accessory dwelling units. The bill provides that cities and counties are required to allow a minimum of one accessory dwelling unit (ADU) on lots with single family residences.
“Accessory dwelling unit” is defined as “an additional residential dwelling unit located on the same lot as a single family residence that is either attached to or detached from the single family residence.”
A “single family residence” is defined as “a structure maintained and used as a single dwelling unit. Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it is a single family residence if it has direct access to a street or thoroughfare and shares neither heating facilities, hot water equipment, nor any other essential facility or service with another dwelling unit.” For purposes of the law, a single family residence may therefore include townhomes, duplexes and other attached structures.
An ADU must comply with applicable State Building Code regulations as defined in Iowa Code chapter 103A. ADUs may not exceed the larger of 1,000 square feet or 50 percent of the size of the single family residence.
Local regulations concerning the siting or appearance of ADUs may not:
• Impose requirements related to the placement or appearance of an ADU that are more restrictive than those imposed on a single family residence. The bill specifically prohibits separate requirements related to maximum building height, minimum setback requirements, minimum lot sizes, minimum building frontages, maximum lot coverages, density requirements, and aesthetic or architectural standards or requirements.
• Require more restrictive regulations on the use of an ADU as a rental property than for any other type of rental. This includes regulations that would be more restrictive as to the amount of rent that can be charged under a private lease agreement, regulations restricting selection of tenants and other matters contained in state landlord tenant law, and regulations of short-term rentals;
• Impose additional parking requirements or fees for lots that contain both a single-family residence and ADU;
• Require new or separate utility lines between an ADU and utility service connection, except if full utility access that includes a separate metering system for billing cannot be provided to the ADU;
• Impose different impact fees for development of an ADU than for the single family residence on the same lot;
• Impose additional requirements for repairs of adjacent public streets or sidewalks than what is required for the single family residence on the same lot;
• Require the property owner to be a resident or otherwise qualify as a tenant by reason of familial or other kind of special relationship with the owner of the single-family residence on the same lot;
• Restrict the occupant of an ADU based on income or age;
• Require the ADU design standards to match the design standards of the single family residence on the same lot;
The use or construction of an ADU may be prohibited or restricted in accordance with a locally adopted state historic building code, a deed restriction, or the rules of a co-op, HOA, or condominium association. Local regulations may not impose greater restrictions on an ADU within a co-op, HOA, or condominium association.
Manufactured homes and mobile homes may be converted to an ADU subject to the construction of a permanent foundation. An ADU permit application that meets the necessary requirements must be approved without a hearing and within the same timeframe as a single family residence. If an ADU permit is denied, the reasons for denial must be provided in writing to the applicant, and must provide any remedy the applicant can pursue to reapply and be approved.
Any city or county action that is inconsistent with the new law is void. Cities and counties may enact ADU regulations that are more permissive than the regulations adopted in the bill; however, any existing local zoning ordinances regulating ADUs will need to be reviewed and possibly revised to ensure they are consistent with this new state law. For communities who regulate ADUs as accessory structures, those regulations should also be reviewed to confirm they comply with this new law.
II. FIREWORKS– SF 303
Senate File 303 amends the Iowa Code to allow for the use of fireworks on July 3, July 4, and December 31. Counties are prohibited from limiting the use of consumer or display fireworks on these specific days, but may continue to prevent their use on other days “if the board determines that the use of such devices would constitute a threat to public safety or private property, or if the board determines that the use of such devices would constitute a nuisance to neighboring landowners.” Iowa Code sec. 331.301(17). Similarly, cities are prohibited from limiting the use of consumer fireworks, display fireworks, or novelties on July 3, July 4 and December 31, but may continue to prevent their use on other days.
While cities and counties must allow for the exploding of fireworks on July 3, July 4, and December 31, there are still hour limitations on the use of fireworks. Consumer fireworks can be exploded between 9 am and 11 pm on July 4 and between 9 am and 12:30 am on December 31 - January 1. Consumer fireworks can only be exploded between 9 am and 10 pm on July 3, unless it is the Saturday or Sunday immediately preceding July 4, in which case consumer fireworks may be exploded until 11 pm.
State law still prohibits the use or explosion of display fireworks without a permit. A permit can therefore be required to explode display fireworks on July 3, July 4 or December 31. State law also prohibits the use of consumer fireworks on someone else’s property without their consent.
III. FUEL TYPES – HF 860
House File 860 adds new sections to Iowa’s motor fuel laws, contained within Iowa Code chapter 214A. The legislation prohibits cities and counties from adopting or enforcing any regulations (e.g., rules, ordinances, or resolutions) prohibiting or restricting a person from possessing, storing, transferring, acquiring, operating, maintaining, repairing, or reusing any engine or motor-powered equipment “solely” on the basis of the equipment’s fuel source. HF 860 further prohibits state and local governments from mandating the sale of engine or motor-powered equipment, or parts therefor, “solely” on the basis of fuel source. As an example, under the law, a city or county is not permitted to prohibit the use or sale of gas-powered cars after a certain date, and a city or county may not require local car dealerships to sell electric-powered vehicles in addition to gas-powered vehicles. The new restrictions on motor fuel regulations are reiterated in the city and county chapters of the Iowa Code. Additionally, HF 860 voids any existing state or local regulations that may already be in effect in conflict with this new restriction.
This client alert does not include an all-inclusive list of legislation impacting cities and counties in 2025. Ahlers & Cooney will be issuing more client alerts on additional legislation. Local governments are encouraged to reach out to legal counsel with any specific questions about these or other bills passed during the 2025 legislative session.
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Our Client Alerts are intended to provide occasional general comments on new developments in Federal and State law and regulations which we believe might be of interest to our clients. The Client Alerts should not be considered opinions of Ahlers & Cooney, P.C., and are not intended to provide legal advice. Readers should not under any circumstance act upon the information in this publication without seeking specific professional counsel. Please note that AI tools may not accurately interpret or apply the legal information contained in this alert; reliance on such tools is not a substitute for professional legal advice. Ahlers & Cooney will be pleased to provide additional details regarding any article upon request. Additional copies of this Client Alert may be obtained by contacting any attorney in the Firm or by visiting the Firm's website at www.ahlerslaw.com.
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