Senate File 368 S-3071 Amend Senate File 368 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 335.3, Code 2019, is amended to read as 4 follows: 5 335.3 Powers. 6 1. Subject to section 335.2 , the board of supervisors 7 may by ordinance regulate and restrict the height, number of 8 structures, and size of buildings and other structures, the 9 percentage of lot that may be occupied, the size of yards, 10 courts, and other open spaces, the density of population, 11 and the location and use of buildings, structures, and land 12 for trade, industry, residence, or other purposes, and may 13 regulate, restrict, and prohibit the use for residential 14 purposes of tents, trailers, and portable or potentially 15 portable structures. However, such powers shall be exercised 16 only with reference to land and structures located within the 17 county but lying outside of the corporate limits of any city. 18 2. When there is a replacement of a preexisting 19 manufactured, modular, or mobile home with another 20 manufactured, modular, or mobile home containing no more than 21 the original number of dwelling units, or a replacement of 22 a preexisting site-built dwelling unit with a manufactured, 23 modular, or mobile home or site-built dwelling unit, within a 24 manufactured home community or a mobile home park, the board 25 of supervisors shall not adopt or enforce any ordinance, 26 regulation, or restriction that would prevent the continuance 27 of the property owner’s lawful nonconforming use that had 28 existed relating to the preexisting home unless any of the 29 following apply: 30 a. A discontinuance is necessary for the safety of life or 31 property. 32 b. The nonconforming use has been discontinued for 33 the period of time established by ordinance, unless such 34 discontinuance is caused by circumstances outside the control 35 -1- SF368.1114 (2) 88 js/rn 1/ 3 #1.

of the property owner. The period of time so established shall 1 be not less than one year. 2 c. The replacement results in the overall nature and 3 character of the present use being substantially or entirely 4 different from the original lawful preexisting nonconforming 5 use. 6 d. The replacement results in an obstruction to a shared 7 driveway or shared sidewalk providing vehicular or pedestrian 8 access to other homes and uses unless the property owner 9 makes modifications to such shared driveway or sidewalk 10 that extinguishes such obstruction or the effects of such 11 obstruction. 12 Sec. 2. Section 414.1, subsection 1, Code 2019, is amended 13 by adding the following new paragraph: 14 NEW PARAGRAPH . c. When there is a replacement of a 15 preexisting manufactured, modular, or mobile home with another 16 manufactured, modular, or mobile home containing no more than 17 the original number of dwelling units, or a replacement of 18 a preexisting site-built dwelling unit with a manufactured, 19 modular, or mobile home or site-built dwelling unit, within a 20 manufactured home community or a mobile home park, the city 21 shall not adopt or enforce any ordinance, regulation, or 22 restriction that would prevent the continuance of the property 23 owner’s lawful nonconforming use that had existed relating to 24 the preexisting home unless any of the following apply: 25 (1) A discontinuance is necessary for the safety of life or 26 property. 27 (2) The nonconforming use has been discontinued for 28 the period of time established by ordinance, unless such 29 discontinuance is caused by circumstances outside the control 30 of the property owner. The period of time so established shall 31 be not less than one year. 32 (3) The replacement results in the overall nature and 33 character of the present use being substantially or entirely 34 different from the original lawful preexisting nonconforming 35 -2- SF368.1114 (2) 88 js/rn 2/ 3

use. 1 (4) The replacement results in an obstruction to a shared 2 driveway or shared sidewalk providing vehicular or pedestrian 3 access to other homes and uses unless the property owner 4 makes modifications to such shared driveway or sidewalk 5 that extinguishes such obstruction or the effects of such 6 obstruction. > 7 2. Title page, by striking lines 1 and 2 and inserting 8 < An Act relating to the continuance of lawful preexisting 9 nonconforming uses by manufactured, modular, and mobile homes 10 and site-built dwelling units. > 11 ______________________________ JAKE CHAPMAN -3- SF368.1114 (2) 88 js/rn 3/ 3 #2.