H-8309

   Amend House File 2562 as follows:
   1.  By striking page 5, line 35, through page 16, line 9, and inserting: 
<DIVISION ___
REGULATION BY COUNTIES AND CITIES —— CONTINUING NONCONFORMING USES

   Sec. ___.  Section 335.3, subsection 2, Code 2022, is amended to read as follows:
   2.  a.  When Except as provided in paragraph “b”, when there is a replacement of a preexisting manufactured, modular, or mobile home with another any other manufactured, modular, or mobile home containing no more than the original number of dwelling units, or a replacement of a preexisting site-built dwelling unit with a manufactured, modular, or mobile home or site-built dwelling unit, within a manufactured home community or a mobile home park, the board of supervisors shall not adopt or enforce any ordinance, regulation, or restriction, or impose any conditions on the replacement home, home site upon which the home sits, or the owner’s property that were not required of the preexisting home, home site, or property, that would prevent the continuance of the property owner’s lawful nonconforming use that had existed relating to the preexisting home unless any of the following apply:, home site upon which the home sat, or the owner’s property.
   b.  Paragraph “a” does not apply if any of the following conditions exist:
   a.  (1)  A discontinuance is necessary for The replacement of the particular home would result in an increased risk to the safety of life or property.
   b.  (2)  The property owner has discontinued and abandoned the nonconforming use has been discontinued for the period of time established by ordinance, unless such discontinuance is caused by circumstances outside the control of the property owner. The period of time so established shall be not less than one year.  For purposes of this subparagraph, circumstances outside the control of the property owner include floods, fires, destructive thunderstorm events such as derechos and tornadoes, and similar catastrophic events causing widespread or localized severe property damage. For purposes of this subparagraph, a property owner shall not be considered to have discontinued and abandoned the nonconforming use if the property owner demonstrates that the applicable home site continues to be available for use as a home site for a replacement home.
   c.  (3)  The replacement results in the overall nature and character of the present use being substantially or entirely different from the original lawful preexisting nonconforming use.
   d.  (4)  The replacement results in an obstruction to a shared driveway or shared sidewalk providing vehicular or pedestrian access to other homes and uses unless the property owner makes modifications to such shared driveway or sidewalk that extinguishes such obstruction or the effects of such obstruction.
   Sec. ___.  Section 414.1, subsection 1, paragraph c, Code 2022, is amended to read as follows:
   c.  (1)  When Except when provided in subparagraph (2), when there is a replacement of a preexisting manufactured, modular, or mobile home with another any other manufactured, modular, or mobile home containing no more than the original number of dwelling units, or a replacement of a preexisting site-built dwelling unit with a manufactured, modular, or mobile home or site-built dwelling unit, within a manufactured home community or a mobile home park, the city shall not adopt or enforce any ordinance, regulation, or restriction, or impose any conditions on the replacement home, home site upon which the home sits, or the owner’s property that were not required of the preexisting home, home site, or property, that would prevent the continuance of the property owner’s lawful nonconforming use that had existed relating to the preexisting home unless any of the following apply:, home site upon which the home sat, or the owner’s property.
   (2)  Subparagraph (1) does not apply if any of the following conditions exist:
   (1)  (a)  A discontinuance is necessary for The replacement of the particular home would result in an increased risk to the safety of life or property.
   (2)  (b)  The property owner has discontinued and abandoned the nonconforming use has been discontinued for the period of time established by ordinance, unless such discontinuance is caused by circumstances outside the control of the property owner. The period of time so established shall be not less than one year.  For purposes of this subparagraph division, circumstances outside the control of the property owner include floods, fires, destructive thunderstorm events such as derechos and tornadoes, and similar catastrophic events causing widespread or localized severe property damage. For purposes of this subparagraph division, a property owner shall not be considered to have discontinued and abandoned the nonconforming use if the property owner demonstrates that the applicable home site continues to be available for use as a home site for a replacement home.
   (3)  (c)  The replacement results in the overall nature and character of the present use being substantially or entirely different from the original lawful preexisting nonconforming use.
   (4)  (d)  The replacement results in an obstruction to a shared driveway or shared sidewalk providing vehicular or pedestrian access to other homes and uses unless the property owner makes modifications to such shared driveway or sidewalk that extinguishes such obstruction or the effects of such obstruction.>
   2.  Title page, lines 5 and 6, by striking <the repeal of the manufactured home community and mobile home tax,> and inserting <regulation by counties and cities of continuing nonconforming uses of manufactured, modular, and mobile homes,>
   3.  By renumbering as necessary.

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LOHSE of Polk