Section 14-17-212 - County regulation of residential building design elements prohibited - Findings - Exceptions - Definition(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 county 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 county;(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 county 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 county policy, regulation, or ordinance derived from the county'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.Added by Act 2019, No. 446,§ 1, eff. 7/24/2019.