House File 2562 H-8309 Amend House File 2562 as follows: 1 1. By striking page 5, line 35, through page 16, line 9, and 2 inserting: 3 < DIVISION ___ 4 REGULATION BY COUNTIES AND CITIES —— CONTINUING NONCONFORMING 5 USES 6 Sec. ___. Section 335.3, subsection 2, Code 2022, is amended 7 to read as follows: 8 2. a. When Except as provided in paragraph “b” , when there 9 is a replacement of a preexisting manufactured, modular, or 10 mobile home with another any other manufactured, modular, or 11 mobile home containing no more than the original number of 12 dwelling units, or a replacement of a preexisting site-built 13 dwelling unit with a manufactured, modular, or mobile home or 14 site-built dwelling unit, within a manufactured home community 15 or a mobile home park, the board of supervisors shall not 16 adopt or enforce any ordinance, regulation, or restriction , 17 or impose any conditions on the replacement home, home site 18 upon which the home sits, or the owner’s property that were not 19 required of the preexisting home, home site, or property, that 20 would prevent the continuance of the property owner’s lawful 21 nonconforming use that had existed relating to the preexisting 22 home unless any of the following apply: , home site upon which 23 the home sat, or the owner’s property. 24 b. Paragraph “a” does not apply if any of the following 25 conditions exist: 26 a. (1) A discontinuance is necessary for The replacement of 27 the particular home would result in an increased risk to the 28 safety of life or property. 29 b. (2) The property owner has discontinued and abandoned 30 the nonconforming use has been discontinued for the period 31 of time established by ordinance, unless such discontinuance 32 is caused by circumstances outside the control of the 33 property owner. The period of time so established shall be 34 not less than one year. For purposes of this subparagraph, 35 -1- HF 2562.4209 (1) 89 cm/jh 1/ 4 #1.

circumstances outside the control of the property owner 1 include floods, fires, destructive thunderstorm events such 2 as derechos and tornadoes, and similar catastrophic events 3 causing widespread or localized severe property damage. For 4 purposes of this subparagraph, a property owner shall not be 5 considered to have discontinued and abandoned the nonconforming 6 use if the property owner demonstrates that the applicable home 7 site continues to be available for use as a home site for a 8 replacement home. 9 c. (3) The replacement results in the overall nature and 10 character of the present use being substantially or entirely 11 different from the original lawful preexisting nonconforming 12 use. 13 d. (4) The replacement results in an obstruction to a 14 shared driveway or shared sidewalk providing vehicular or 15 pedestrian access to other homes and uses unless the property 16 owner makes modifications to such shared driveway or sidewalk 17 that extinguishes such obstruction or the effects of such 18 obstruction. 19 Sec. ___. Section 414.1, subsection 1, paragraph c, Code 20 2022, is amended to read as follows: 21 c. (1) When Except when provided in subparagraph (2), when 22 there is a replacement of a preexisting manufactured, modular, 23 or mobile home with another any other manufactured, modular, 24 or mobile home containing no more than the original number of 25 dwelling units, or a replacement of a preexisting site-built 26 dwelling unit with a manufactured, modular, or mobile home or 27 site-built dwelling unit, within a manufactured home community 28 or a mobile home park, the city shall not adopt or enforce any 29 ordinance, regulation, or restriction , or impose any conditions 30 on the replacement home, home site upon which the home 31 sits, or the owner’s property that were not required of the 32 preexisting home, home site, or property, that would prevent 33 the continuance of the property owner’s lawful nonconforming 34 use that had existed relating to the preexisting home unless 35 -2- HF 2562.4209 (1) 89 cm/jh 2/ 4

any of the following apply: , home site upon which the home sat, 1 or the owner’s property. 2 (2) Subparagraph (1) does not apply if any of the following 3 conditions exist: 4 (1) (a) A discontinuance is necessary for The replacement 5 of the particular home would result in an increased risk to the 6 safety of life or property. 7 (2) (b) The property owner has discontinued and abandoned 8 the nonconforming use has been discontinued for the period of 9 time established by ordinance, unless such discontinuance is 10 caused by circumstances outside the control of the property 11 owner. The period of time so established shall be not less 12 than one year. For purposes of this subparagraph division, 13 circumstances outside the control of the property owner 14 include floods, fires, destructive thunderstorm events such as 15 derechos and tornadoes, and similar catastrophic events causing 16 widespread or localized severe property damage. For purposes 17 of this subparagraph division, a property owner shall not be 18 considered to have discontinued and abandoned the nonconforming 19 use if the property owner demonstrates that the applicable home 20 site continues to be available for use as a home site for a 21 replacement home. 22 (3) (c) The replacement results in the overall nature and 23 character of the present use being substantially or entirely 24 different from the original lawful preexisting nonconforming 25 use. 26 (4) (d) The replacement results in an obstruction to a 27 shared driveway or shared sidewalk providing vehicular or 28 pedestrian access to other homes and uses unless the property 29 owner makes modifications to such shared driveway or sidewalk 30 that extinguishes such obstruction or the effects of such 31 obstruction. > 32 2. Title page, lines 5 and 6, by striking < the repeal of the 33 manufactured home community and mobile home tax, > and inserting 34 < regulation by counties and cities of continuing nonconforming 35 -3- HF 2562.4209 (1) 89 cm/jh 3/ 4