(1) The General Assembly finds that: 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.
(4) A municipality shall not regulate residential building design elements.
(5) As used in this section, “residential building design elements” means: Exterior building color;
(6) Type or style of exterior cladding material;
(7) Style or materials of roof structures, roof pitches, or porches;
(8) Exterior nonstructural architectural ornamentation;
(9) Location, design, placement, or architectural styling of windows and doors, including garage doors and garage structures;
(10) The number and types of rooms;
(11) The interior layout of rooms; and
(12) The minimum square footage of a structure.
(13) As used in this section, “residential building design elements” does not include: The height, bulk, orientation, or location of a structure on a lot; or
(14) Buffering or screening used to: Minimize visual impacts;
(15) Mitigate the impacts of light and noise; or
(16) Protect the privacy of neighbors.
(17) This section does not apply to: A structure located in an area designated as a local historic district under applicable state law;
(18) A structure located in an area designated as a historic district on the National Register of Historic Places;
(19) A structure designated as a local, state, or national historic landmark;
(20) 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;
(21) A regulation directly and substantially related to the requirements of applicable state or federal building or safety codes;
(22) A regulation applied to manufactured housing in a manner consistent with applicable law;
(23) A regulation adopted as a condition for participation in the National Flood Insurance Program;
(24) A central business improvement district under the Central Business Improvement District Act, § 14-184-101 et seq.;
(25) A multifamily residential structure or other nonsingle-family dwelling;
(26) 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;
(27) 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;
(28) A valid exercise of express statutory authority to regulate residential building design elements under § 14-95-101 et seq. concerning urban service districts; or
(29) A policy or regulation of an overlay district, if before the policy or regulation is implemented: Notice is provided to property owners of an overlay district under § 14-56-422;
(30) A petition to support the policy or regulation is attached with signatures of a majority of property owners in the proposed overlay district; and
(31) The overlay district makes a determination that the policy or regulation complies with the Private Property Protection Act, § 18-15-1701 et seq.