14-56-204. Municipal regulation of residential building design elements prohibited — Findings — Exceptions — Definitions.

14-56-204. Municipal regulation of residential building design elements prohibited — Findings — Exceptions — Definitions. (a) The General Assembly finds that: (1) The Fair Housing Act, 42 U.S.C. § 3601 et seq., decisions of the United States Supreme Court, and other provisions of federal law establish the principles and standards in this section; (2) It is difficult and expensive for citizens to readily access fundamental property rights protection in federal court; and (3) This section is necessary to ensure property rights protection is accessible and to ensure state law is consistent with federal law. (b) A municipality shall not regulate residential building design elements. (c)(1) As used in this section, “residential building design elements” means: (A) Exterior building color; (B) Type or style of exterior cladding material; (C) Style or materials of roof structures, roof pitches, or porches; (D) Exterior nonstructural architectural ornamentation; (E) Location, design, placement, or architectural styling of windows and doors, including garage doors and garage structures; (F) The number and types of rooms; (G) The interior layout of rooms; and (H) The minimum square footage of a structure. (2) As used in this section, “residential building design elements” does not include: (A) The height, bulk, orientation, or location of a structure on a lot; or (B) Buffering or screening used to: (i) Minimize visual impacts; (ii) Mitigate the impacts of light and noise; or (iii) Protect the privacy of neighbors. (d) This section does not apply to: (1) A structure located in an area designated as a local historic district under applicable state law; (2) A structure located in an area designated as a historic district on the National Register of Historic Places; (3) A structure designated as a local, state, or national historic landmark; (4) A regulation created by a valid private covenant or other contractual agreement among property owners relating to residential building design elements, including without limitation a cooperative contractual agreement between a property owner and a municipality; (5) A regulation directly and substantially related to the requirements of applicable state or federal building or safety codes; (6) A regulation applied to manufactured housing in a manner consistent with applicable law; (7) A regulation adopted as a condition for participation in the National Flood Insurance Program; (8) A central business improvement district under the Central Business Improvement District Act, § 14-184-101 et seq.; (9) A multifamily residential structure or other nonsingle-family dwelling; (10) The application of a municipal policy, regulation, or ordinance affecting residential building design elements on an existing property on or before February 28, 2019, but not as to any other property thereafter; (11) A municipal policy, regulation, or ordinance derived from the municipality's police power and directly related to an established immediate public health or safety hazard; (12) A valid exercise of express statutory authority to regulate residential building design elements under § 14-95-101 et seq. concerning urban service districts; or (13) A policy or regulation of an overlay district, if before the policy or regulation is implemented: (A) Notice is provided to property owners of an overlay district under § 14-56-422; (B) A petition to support the policy or regulation is attached with signatures of a majority of property owners in the proposed overlay district; and (C) The overlay district makes a determination that the policy or regulation complies with the Private Property Protection Act, § 18-15-1701 et seq.