Text: HF00533 Text: HF00535 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 331.301, Code 1999, is amended by
1 2 adding the following new subsection:
1 3 NEW SUBSECTION. 15. a. A county shall not adopt or
1 4 enforce an ordinance requiring the construction of a storm
1 5 shelter at a mobile home park which exists on July 1, l999.
1 6 However, a county may adopt and enforce an ordinance requiring
1 7 an owner of a mobile home park which exists on July 1, 1999,
1 8 to provide an evacuation plan for the park residents if a safe
1 9 place of shelter is available for use by the park residents
1 10 within a reasonable distance of the mobile home park or an
1 11 ordinance requiring the construction of a storm shelter at a
1 12 mobile home park constructed after July 1, 1999, or at a
1 13 mobile home park existing on July 1, 1999, which is expanded
1 14 by fifty or more mobile home spaces after July 1, 1999. In
1 15 lieu of requiring construction of a storm shelter, a county
1 16 may require a park owner to provide a plan for the evacuation
1 17 of park residents to a safe place of shelter in times of
1 18 severe weather including tornadoes and high winds if the
1 19 county determines that a safe place of shelter is available
1 20 within a reasonable distance of the mobile home park for use
1 21 by park residents. If construction of a storm shelter is
1 22 required, an ordinance adopted or enforced pursuant to this
1 23 subsection shall not include any of the following
1 24 requirements:
1 25 (1) That the storm shelter be placed at a certain location
1 26 in the mobile home park.
1 27 (2) That the size of the storm shelter be larger than the
1 28 equivalent of five square feet for each mobile home space in
1 29 the mobile home park.
1 30 (3) That the storm shelter include a restroom if the
1 31 shelter is used exclusively as a storm shelter.
1 32 (4) That the storm shelter at a mobile home park existing
1 33 on or before July 1, 1999, be completed before the additional
1 34 fifty mobile home spaces are completely occupied.
1 35 (5) That the storm shelter exceed the construction
2 1 specifications approved by a licensed professional engineer
2 2 and presented by the owner of the mobile home park.
2 3 b. For the purposes of this subsection:
2 4 (1) "Mobile home park" means a mobile home park as defined
2 5 in section 562B.7.
2 6 (2) "Storm shelter" means a single structure or multiple
2 7 structures designed to provide persons with temporary
2 8 protection from a storm.
2 9 Sec. 2. Section 364.3, Code 1999, is amended by adding the
2 10 following new subsection:
2 11 NEW SUBSECTION. 7. a. A city shall not adopt or enforce
2 12 an ordinance requiring the construction of a storm shelter at
2 13 a mobile home park which exists on July 1, 1999. However, a
2 14 city may adopt and enforce an ordinance requiring an owner of
2 15 a mobile home park which exists on July 1, 1999, to provide an
2 16 evacuation plan for the park residents if a safe place of
2 17 shelter is available for use by the park residents within a
2 18 reasonable distance of the mobile home park or an ordinance
2 19 requiring the construction of a storm shelter at a mobile home
2 20 park constructed after July 1, 1999, or at a mobile home park
2 21 existing on July 1, 1999, which is expanded by fifty or more
2 22 mobile home spaces after July 1, 1999. In lieu of requiring
2 23 construction of a storm shelter, a city may require a park
2 24 owner to provide a plan for the evacuation of park residents
2 25 to a safe place of shelter in times of severe weather
2 26 including tornadoes and high winds if the city determines that
2 27 a safe place of shelter is available within a reasonable
2 28 distance of the mobile home park for use by park residents.
2 29 If construction of a storm shelter is required, an ordinance
2 30 adopted or enforced pursuant to this subsection shall not
2 31 include any of the following requirements:
2 32 (1) That the storm shelter be placed at a certain location
2 33 in the mobile home park.
2 34 (2) That the size of the storm shelter be larger than the
2 35 equivalent of five square feet for each mobile home space in
3 1 the mobile home park.
3 2 (3) That the storm shelter include a restroom if the
3 3 shelter is used exclusively as a storm shelter.
3 4 (4) That the storm shelter at a mobile home park existing
3 5 on or before July 1, 1999, be completed before the additional
3 6 fifty mobile home spaces are completely occupied.
3 7 (5) That the storm shelter exceed the construction
3 8 specifications approved by a licensed professional engineer
3 9 and presented by the owner of the mobile home park.
3 10 b. For the purposes of this subsection:
3 11 (1) "Mobile home park" means a mobile home park as defined
3 12 in section 562B.7.
3 13 (2) "Storm shelter" means a single structure or multiple
3 14 structures designed to provide persons with temporary
3 15 protection from a storm.
3 16 Sec. 3. Section 427.1, Code 1999, is amended by adding the
3 17 following new subsection:
3 18 NEW SUBSECTION. 30. MOBILE HOME PARK STORM SHELTER. A
3 19 structure constructed as a storm shelter at a mobile home
3 20 park. If the structure serves a use in addition to use as a
3 21 storm shelter, the exemption shall apply only to that portion
3 22 of the structure which serves as a storm shelter.
3 23 Sec. 4. APPLICABILITY. Section 3 of this Act applies
3 24 retroactively to January 1, 1999, for property tax assessment
3 25 years beginning on or after January 1, 1999.
3 26 EXPLANATION
3 27 This bill provides that a city or county shall not enact or
3 28 enforce an ordinance requiring a storm shelter in a mobile
3 29 home park which exists on July 1, l999, unless a mobile home
3 30 park is enlarged by 50 or more mobile home spaces after July
3 31 1, 1999. However, a city or county may enact and enforce an
3 32 ordinance requiring a storm shelter in mobile home parks
3 33 constructed and in new additions of 50 or more spaces
3 34 constructed to an existing mobile home park after July 1,
3 35 1999. For mobile home parks existing on July 1, 1999, a city
4 1 or county may require the park owner to provide an evacuation
4 2 plan. For mobile home parks constructed or expanded by 50 or
4 3 more units after July 1, 1999, an evacuation plan for the
4 4 mobile home parks is an alternative to constructing a storm
4 5 shelter if approved by the city or county.
4 6 This bill also provides a property tax exemption for the
4 7 mobile home park storm shelters retroactive to property tax
4 8 assessments made on or after January 1, 1999.
4 9 LSB 1881HV 78
4 10 tj/gg/8
Text: HF00533 Text: HF00535 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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