Senate Study Bill 1141 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON SMITH) A BILL FOR An Act relating to restrictions on lawful preexisting 1 nonconforming uses by cities and counties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1741XC (3) 88 js/rn
S.F. _____ Section 1. Section 335.3, Code 2019, is amended to read as 1 follows: 2 335.3 Powers. 3 1. Subject to section 335.2 , the board of supervisors 4 may by ordinance regulate and restrict the height, number of 5 structures, and size of buildings and other structures, the 6 percentage of lot that may be occupied, the size of yards, 7 courts, and other open spaces, the density of population, 8 and the location and use of buildings, structures, and land 9 for trade, industry, residence, or other purposes, and may 10 regulate, restrict, and prohibit the use for residential 11 purposes of tents, trailers, and portable or potentially 12 portable structures. However, such powers shall be exercised 13 only with reference to land and structures located within the 14 county but lying outside of the corporate limits of any city. 15 2. a. The board of supervisors shall not adopt or enforce 16 any ordinance, regulation, or restriction that would prevent 17 the continuance of a property owner’s lawful preexisting 18 nonconforming use unless any of the following apply: 19 (1) A discontinuance is necessary for the safety of life or 20 property. 21 (2) The nonconforming use is legally abandoned. 22 (3) The nonconforming use is enlarged or extended. For 23 purposes of this subparagraph, a nonconforming use is deemed 24 to have been enlarged or extended only when the overall nature 25 and character of the present use are substantially or entirely 26 different from the original lawful preexisting nonconforming 27 use. 28 b. When there is a replacement of a preexisting manufactured 29 or mobile home with another manufactured or mobile home 30 within a manufactured home community or mobile home park, 31 respectively, any lawful nonconforming use that existed 32 relating to the preexisting home shall not be deemed to have 33 been enlarged or extended except when the overall nature and 34 character of the present use are substantially or entirely 35 -1- LSB 1741XC (3) 88 js/rn 1/ 3
S.F. _____ different from the original lawful preexisting nonconforming 1 use. 2 Sec. 2. Section 414.1, subsection 1, Code 2019, is amended 3 by adding the following new paragraph: 4 NEW PARAGRAPH . c. (1) A city shall not adopt or enforce 5 any ordinance, regulation, or restriction that would prevent 6 the continuance of a property owner’s lawful preexisting 7 nonconforming use unless any of the following apply: 8 (a) A discontinuance is necessary for the safety of life or 9 property. 10 (b) The nonconforming use is legally abandoned. 11 (c) The nonconforming use is enlarged or extended. For 12 purposes of this subparagraph division, a nonconforming use is 13 deemed to have been enlarged or extended only when the overall 14 nature and character of the present use are substantially 15 or entirely different from the original lawful preexisting 16 nonconforming use. 17 (2) When there is a replacement of a preexisting 18 manufactured or mobile home with another manufactured or mobile 19 home within a manufactured home community or mobile home 20 park, respectively, any lawful nonconforming use that existed 21 relating to the preexisting home shall not be deemed to have 22 been enlarged or extended except when the overall nature and 23 character of the present use are substantially or entirely 24 different from the original lawful preexisting nonconforming 25 use. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill affects the powers of cities and counties when 30 enforcing zoning ordinances. The bill prohibits a city or 31 county from adopting or enforcing an ordinance, regulation, 32 or restriction that would prevent a nonconforming use from 33 continuing if the use was legal before adoption of such 34 ordinance, regulation, or restriction unless a discontinuance 35 -2- LSB 1741XC (3) 88 js/rn 2/ 3
S.F. _____ is necessary for the safety of life or property, the 1 nonconforming use is legally abandoned, or the nonconforming 2 use is enlarged or extended. 3 -3- LSB 1741XC (3) 88 js/rn 3/ 3