House File 327 - Introduced
HOUSE FILE
BY SHOULTZ and BERRY
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to foundation requirements for certain
2 manufactured homes and providing an effective date.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1129HH 81
5 sc/gg/14
PAG LIN
1 1 Section 1. Section 414.28, Code 2005, is amended to read
1 2 as follows:
1 3 414.28 MANUFACTURED HOME.
1 4 A city shall not adopt or enforce zoning regulations or
1 5 other ordinances which disallow the plans and specifications
1 6 of a proposed residential structure solely because the
1 7 proposed structure is a manufactured home. However, a zoning
1 8 ordinance or regulation shall require that a manufactured home
1 9 be located and installed according to the same standards,
1 10 including but not limited to, a permanent foundation system,
1 11 set=back, and minimum square footage which would apply to a
1 12 site=built, single family dwelling on the same lot, and shall
1 13 require that the home is assessed and taxed as a site=built
1 14 dwelling. A zoning ordinance or other regulation shall not
1 15 require a perimeter foundation system for a manufactured home
1 16 which is incompatible with the structural design of the
1 17 manufactured home structure. A city shall not require more
1 18 than one permanent foundation system for a manufactured home.
1 19 For purposes of this section, a permanent foundation may be a
1 20 pier footing foundation system designed and constructed to be
1 21 compatible with the structure and the conditions of the site.
1 22 When units are located outside a manufactured home community
1 23 or mobile home park, requirements may be imposed which ensure
1 24 visual compatibility of the permanent foundation system with
1 25 surrounding residential structures, including requiring a
1 26 permanent foundation system other than a pier footing
1 27 foundation system if such required permanent foundation system
1 28 is compatible with the structure and the conditions of the
1 29 site. As used in this section, "manufactured home" means a
1 30 factory=built structure, which is manufactured or constructed
1 31 under the authority of 42 U.S.C. } 5403 and is to be used as a
1 32 place for human habitation, but which is not constructed or
1 33 equipped with a permanent hitch or other device allowing it to
1 34 be moved other than for the purpose of moving to a permanent
1 35 site, and which does not have permanently attached to its body
2 1 or frame any wheels or axles. This section shall not be
2 2 construed as abrogating a recorded restrictive covenant.
2 3 A city shall not adopt or enforce construction, building,
2 4 or design ordinances, regulations, requirements, or
2 5 restrictions which would mandate width standards greater than
2 6 twenty=four feet, roof pitch, or other design standards for
2 7 manufactured housing if the housing otherwise complies with 42
2 8 U.S.C. } 5403, unless such ordinances, regulations,
2 9 requirements, or restrictions are authorized under this
2 10 section. However, this paragraph shall not prohibit a city
2 11 from adopting and enforcing zoning regulations related to
2 12 transportation, water, sewerage, or other land development.
2 13 Sec. 2. EFFECTIVE DATE. This Act, being deemed of
2 14 immediate importance, takes effect upon enactment.
2 15 EXPLANATION
2 16 This bill provides that a city may require that a
2 17 manufactured home located outside of a manufactured home
2 18 community have a permanent foundation system other than a pier
2 19 footing foundation system to ensure visual compatibility with
2 20 surrounding residential structures if the other type of
2 21 permanent foundation system is compatible with the structure
2 22 and the conditions of the site.
2 23 The bill takes effect upon enactment.
2 24 LSB 1129HH 81
2 25 sc:rj/gg/14